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HomeMy WebLinkAboutJune 14, 2017 City Council AgendaJune 14, 2017, City Council Agenda Page 1 CITY OF MIAMI GARDENS CITY COUNCIL MEETING AGENDA Meeting Date: June 14, 2017 Miami Gardens, Florida 33056 Next Regular Meeting Date: June 28, 2017 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Oliver Gilbert Vice Mayor Erhabor Ighodaro, Ph.D. Councilwoman Lillie Q. Odom Councilwoman Lisa C. Davis Councilman Rodney Harris Councilwoman Felicia Robinson Councilman David Williams Jr. City Manager Cameron Benson City Attorney Sonja K. Dickens, Esq. City Clerk Ronetta Taylor, MMC Article VII of the Miami Gardens Code entitled, “Lobbyist” requires that all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay a one-time annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all- legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. (A) CALL TO ORDER/ROLL CALL (B) INVOCATION (C) PLEDGE OF ALLEGIANCE (D) APPROVAL OF MINUTES D-1) Regular City Council Minutes – May 10, 2017 D-2) Regular City Council Minutes – May 24, 2017 (E) ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) (F) SPECIAL PRESENTATIONS (5 minutes each) F-1) Councilman David Williams Jr. – Special Presentation (G) PUBLIC COMMENTS 1 of 106 June 14, 2017, City Council Agenda Page 2 (H) ORDINANCE(S) FOR FIRST READING: None (I) ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) None (J) RESOLUTION(S)/PUBLIC HEARING(S) None (K) CONSENT AGENDA: K-1) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT WITH WATER-GEN LIMITED, APPROVING A 14-DAY WATER PILOT PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER GILBERT) K-2) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING THE SUM OF THREE THOUSAND, FIVE HUNDRED DOLLARS ($3,500.00) FROM THE MAYOR’S SPECIAL EVENT ACCOUNT, TO SUPPORT THE FLORIDA FREEDOM WRITERS’ VIKING FREEDOM WRITERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER GILBERT) K-3) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE USE OF THE CITY OF MIAMI GARDENS SHOWMOBILE FOR THE PARKWAY BAPTIST CHURCH ANNUAL CULTURAL FEST EVENT TO BE HELD ON SATURDAY, JULY 15, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER GILBERT) K-4) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT WITH MIAMI-DADE COUNTY FILM PERMITTING INTERLOCAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 2 of 106 June 14, 2017, City Council Agenda Page 3 PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY MAYOR OLIVER GILBERT) K-5) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST TO RESPECTIVELY THAT CERTAIN AGREEMENT WITH THE TOWN OF LAKE CLARKE SHORES AND THE CITY OF FERNANDINA BEACH FOR THE FLORIDA RESILIENCE AND ENERGY DISTRICT, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K-6) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST TO RESPECTIVELY THAT CERTAIN INTERLOCAL AGREEMENT WITH THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION, FOR THE NORTH CORRIDOR IMPLEMENTATION PLAN, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) K7) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO SUPERION, LLC., FOR SOFTWARE FOR THE POLICE DEPARTMENT IN THE AMOUNT OF TWO HUNDRED THOUSAND NINE HUNDRED TWENTY-ONE DOLLARS AND FORTY-FOUR CENTS ($200,921.44), FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATION; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (L) RESOLUTION(S) None QUASI-JUDICIAL ZONING HEARINGS/JENNINGS DISCLOSURE: (M) ORDINANCES ON FOR FIRST READING/PUBLIC HEARING(S): None 3 of 106 June 14, 2017, City Council Agenda Page 4 (N) ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) None (O) RESOLUTION(S)/PUBLIC HEARING(S) None (P) REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (Q) REPORTS OF MAYOR AND COUNCIL MEMBERS (R) WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC (S) ADJOURNMENT IN ACCORDANCE WITH THE AMERICAN WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8000 EXT. 2830, NO LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDINGS. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 914-9010 EXT. 2830. THE ENTIRE AGENDA PACKET CAN ALSO BE FOUND ON THE CITY’S WEBSITE AT www.miamigardens-fl.gov. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 4 of 106 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 14, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)X Sponsor Name Mayor Oliver Gilbert Department: Mayor and City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT WITH WATER-GEN LIMITED, APPROVING A 14-DAY WATER PILOT PROJECT; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE Staff Summary: Mayor Oliver Gilbert is requesting approval to conduct a 14-day pilot project with Water-Gen Limited, a company based in Israel. Water-Gen Limited develops atmospheric water generators (AWG devices), water filtration, and water treatment technologies and devices. The purpose of the 14-day pilot project is to examine and test the performance of AWG Devices in the City of Miami Gardens, specifically the GEN350 mid-scale device unit, and to determine the feasibility of future partnership opportunities with the City. Agenda Item K-1 Agmnt w/Water-Gen Limited 5 of 106 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 The City Manager will be authorized to execute contractual agreement with Water-Gen Limited. There will be no cost to the City of Miami Gardens for the proposed pilot program. Water-Gen Limited will not charge any fees for the 14-day pilot project. Water-Gen will cover all costs and expenses associated with the transfer of the AWG Devices to and from the facility designated by the City of Miami Gardens. Fiscal Impact N/A Proposed Action: Recommend City Council to approve this resolution. Attachment: Attachment 6 of 106 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST 5 RESPECTIVELY THAT CERTAIN AGREEMENT WITH 6 WATER-GEN LIMITED, APPROVING A 14-DAY WATER PILOT 7 PROJECT; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, Mayor Oliver Gilbert is requesting approval to conduct a 14-day pilot 11 project with Water-Gen Limited, a company based in Israel, and 12 WHEREAS, Water-Gen Limited develops atmospheric water generators (AWG 13 Devices), water filtration, and water treatment technologies and devices, and 14 WHEREAS, the purpose of the 14-day pilot project is to examine and test the 15 performance of AWG Devices in the City of Miami Gardens, specifically the GEN350 16 mid-scale device unit, and to determine the feasibility of future partnership opportunities 17 with the City, and 18 WHEREAS, it is being requested that the City Manager be authorized to execute 19 an Agreement with Water-Gen Limited, and 20 WHEREAS, there will be no cost to the City of Miami Gardens for the proposed 21 pilot program, and Water-Gen Limited will not charge any fees for the 14-day pilot 22 project, and 23 WHEREAS, Water-Gen will cover all costs and expenses associated with the 24 transfer of the AWG Devices to and from the facility designated by the City of Miami 25 Gardens, 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 28 7 of 106 2 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 29 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 30 made a specific part of this Resolution. 31 Section 2: APPROVAL: The City Council of the City of Miami Gardens hereby 32 authorizes the City Manager and the City Clerk to execute and attest respectively that 33 certain Agreement with Water-Gen Limited for approving a 14-day water pilot project. 34 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 35 upon its final passage. 36 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 37 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 38 39 ___________________________________ 40 OLIVER GILBERT, III, MAYOR 41 42 ATTEST: 43 44 45 __________________________________ 46 RONETTA TAYLOR, MMC, CITY CLERK 47 48 49 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 50 51 52 SPONSORED BY: MAYOR OLIVER GILBERT, III 53 54 Moved by: __________________ 55 56 VOTE: _________ 57 58 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 59 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 60 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 61 Councilman Rodney Harris ____ (Yes) ____ (No) 62 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 63 8 of 106 3 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 64 Councilman David Williams Jr ____ (Yes) ____ (No) 65 66 9 of 106 1 AWG TESTING LEASE AGREEMENT Effective Date: This Agreement is executed on the ____ day of June, 2017, by and between: (1) THE CITY OF MIAMI GARDENS, FLORIDA (hereinafter “Recipient”); and (2) Water-Gen Limited, 11 Moshe Levi St., Rishon LeZion, Israel (hereinafter “Company”). (each a “party” and collectively, the “parties”) WHEREAS the Company has developed atmospheric water generators, water filtration and water treatment technologies and devices, amongst which a range of AWG Devices; WHEREAS the Recipient wishes to examine and test the performance of the AWG Devices, specifically on unit of mid- scale device GEN350 (the “AWG Devices”) in United States, for purposes of examining potential cooperation between the Recipient and the Company (the “Purpose”); WHEREAS the Company is willing to allow Recipient to examine the AWG Devices in United States, and more specifically, in MIAMI GARDENS and for this end is willing to provide the AWG Devices detailed above, for a lease testing period of two (2) weeks (the “Testing Period”), commencing as of the date of arrival of the AWG Device to the designated premises by Recipient and ending on the dispatch of that specific AWG Device back to Company’s designated facility, all subject to and in accordance with the terms and undertakings hereunder; Now, therefore, the Parties hereto agree as follows: 1. Recipient’s Representations & Undertakings: The Recipient hereby undertakes and warrants towards the Company as follows: (a) The premises where the each of the AWG Devices will be delivered to for the Purpose shall be secured, such that each such AWG Device shall be adequately guarded, protected and secured at all times. (b) Each of the AWG Devices shall only be used for testing and evaluation. The Company representatives shall assist as may be required with any such evaluation and examination by the Recipient. (c) Recipient fully acknowledges that nothing herein shall be construed as granting the Recipient with any proprietary right, or any other intellectual property right in and/or to any of the AWG Devices and/or ay of its components and/or any of the technology and know how underlying the technology upon which each of the AWG Devices are based. (d) Recipient shall use, handle, store and transport each of the AWG Devices in accordance with all applicable laws, regulations, and act according to necessary safety rules and regulations applicable under local laws, as well as reasonable instruction for the safe keeping and handling of each of the AWG Devices by the Company; (e) At all times while Recipient has physical possession of the AWG Devices, Recipient shall be sole responsible for the protection and safe-keeping of the WG DEVICES and shall compensate the Company for any direct damage caused as a result of negligent act or omission on its part in connection with the AWG Devices; (f) Recipient shall not distribute or release any confidential information disclosed hereunder with respect to the AWG Devices other than on a strict need to use basis for the Purpose; However, Recipient shall comply in all respects to Chapter 119 of the Florida Statutes and the Public Records Laws of the State of Florida. (g) Company shall be the sole owner of each of the AWG Devices which are being the subject matter of the Testing Period and the Purpose. Recipient shall not make any attempts to perform reverse engineering, recompilation, disassembly or otherwise attempt to discover the concepts and ideas lying at the basis of 10 of 106 2 the AWG Devices. Recipient is not entitled to open the AWG Devices without written consent from Company. The WG Devices will be delivered to Recipient closed and marked with Company’s “DO NOT REMOVE” stickers, to ensure that no attempt was made to open the items and Recipient is not entitled to open any of the AWG Devices or remove such stickers. Without derogating form any provision hereunder, violation of this section is a material breach of the Agreement. Recipient shall immediately return to the Company each of the AWG Devices and any item or any compound delivered and pay as compensation for the Company all direct, indirect and consequential expenses and damages caused to the Company as a result of Recipient violation of this section; (h) Recipient shall fully cooperate with the Company for handling and delivering the AWG Devices to and back form the Unites States at the end of each of the Testing Period; (i) Recipient shall be solely responsible and hereby undertakes to provide power supply and/or generators, as may be required for the ongoing operation of the AWG Devices; 2. Non-Use As used herein, the term “Confidential Information” will include: (a) any Party's business, marketing, R&D, finance and other strategies, plans and objectives, any scientific or technical data, information, samples, design, process, procedure, formulae and whether or not results from performance hereunder; (b) any trade secret, intellectual property rights and/or any improvement that is potentially commercially valuable to a Party and not generally known in the industry; (c) any Work; and (d) any information disclosed by a Party (or by its affiliates or by third parties working on behalf of such Party or its affiliates) that is proprietary or confidential to a third party, including any related company of Recipient or Company (as applicable). In the course of performing the Purpose hereof, each Party may be exposed to Confidential Information which pertains to the other Party and which may only be used in connection with the Purpose. At all times, each Party shall not commercially use in any way except for the benefit of Recipient, any of Recipient’s Confidential Information disclosed to Company or any Confidential Information developed by Company pursuant to this Agreement. All Confidential Information is and will remain the property of the respective Party and each Party’s obligations of non-use will remain in full force and effect for a period of ten years from the date of termination of this Agreement, provided that the obligations of a receiving party with respect to non-use of any trade secrets of the other Party shall survive the termination or expiration of this Agreement. Notwithstanding the above, Recipient shall comply in all respects to Chapter 119 of the Florida Statutes and the Public Records laws of the State of Florida. 3. Company’s Undertakings (a) Company shall not charge any fees from Recipient in connection with the Testing Period and use of each of the AWG Devices; (b) Company shall bear all costs and expenses associated with the transfer of the AWG Devices to USA to designated facility by Recipient, and back to Company’s designated facility at the conclusion of the Testing Period. 4. Indeminification Subject to the limitations of Section 768.28 Florida Statutes, AWG shall protect, defend, indemnify, and hold harmless the CITY its respective officials, officers, members, agents, representatives and employees from any and all claims, liabilities, expenses, or damages of any nature, including attorney fees, for injury to or death of any person, and for injury to any property arising out of or in any way connected with the performance or non-performance of any provision of this Agreement required of AWG, by or on behalf of AWG or its employees or agents, arising from the testing or operation of the Devices, or resulting from any statute law, 11 of 106 3 ordinance, regulation or other legal requirement pertaining to a safe place of employment for workers, minimum hours and wages, and fair employment practices. 5. Insurance AWG shall provide and maintain general liability insurance coverage, for personal injury and property damage in the minimum amount of One Million ($1,000,000.00) Dollars combined single limit. AWG shall also be required to provide and maintain, during the life of the Agreement, comprehensive automobile liability insurance coverage for bodily injury and property damage in the minimum amount of $500,000.00 combined single limit. Such liability policy of insurance shall designate the City as an additional insured and AWG shall deliver a fully effective certificate to that effect, evidencing no less than thirty (30) day notice of cancellation. AWG shall also provide City with proof that AWG has workers’ compensation insurance in an amount, which satisfies the requirements of Florida Law, for any employee of the AWG. AWG shall not commence work pursuant to this Agreement until all insurance required as stated herein has been obtained and such insurance has been approved by the City. 6. No Warranty Recipient hereby acknowledges that the AWG Devices are still in an experimental stage, and therefore, provided with no representation as to any of its attributes, specification and/or capabilities. Recipient agrees that this Agreement grants no licenses or other rights of any kind whatsoever to Recipient in and to the AWG Devices and/or in or to any intellectual property rights pertaining to it, and that all proprietary and intellectual property rights resulting from any information, data and/or analysis and/or evaluation materials learned and/or developed and/or arrived at by Recipient, and any of its affiliates and/or any third party acting for them in connection with the temporary possession, evaluation and/or test-use of the AWG Devices is and shall vest solely with the Company. Any such information shall be regarded also as Confidential Information, and as such Recipient hereby undertakes that no portion thereof shall be duplicated, used and/or disclosed by Recipient, and/or any of its agents, affiliates, employees, in-house contractors and/or authorized laboratory without the prior express written consent of the Company. Notwithstanding the above, Recipient shall comply in all respects to Chapter 119 of the Florida Statutes and the Public Records laws of the State of Florida. AWG DEVICES ARE PROVIDED UNDER THIS AGREEMENT ON AN “AS IS” AND “WITH ALL FAULTS” BASIS WITH THE EXPRESS UNDERSTANDING THAT COMPANY MAKES NO REPRESENTATIONS AND/OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, RELIABILITY, USABILITY, OR SUITABILITY OF ANY OF THE AWG DEVICES FURNISHED FOR ANY GENERAL OR PARTICULAR PURPOSE, EXPRESSED, IMPLIED, STATUTORY HEREUNDER OR IN ANY OTHER COMMUNICATION WITH RECIPIENT, AND COMPANY SHALL BE UNDER NO LIABILITY BY REASON OF ANY USE OR POSSESSION MADE OF THE AWG DEVICES. RECIPIENT SPECIFICALLY WAIVES ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, OF NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGMENT; 7. General (a) This Agreement is not intended and shall not be construed to create, any obligation to enter into any other agreement with respect to the Confidential Information or the Purpose, and each Party has the right, at its sole discretion and at any time, to terminate all demonstration activities with written notification. (b) Upon expiration or termination of the Testing Period, or at the Company’s first written request for any reason at any time, Recipient will return to the Company all of the Confidential Information (including the AWG Devices) and all copies thereof (if any) as well as all work derivatives of Recipient generated in connection with the Purpose. 12 of 106 4 (c) This Agreement shall be in full force and effect as of the Effective Date and until the safe receipt of the AWG Devices in the premises of the Company where the AWG Devices shall be in a condition evidencing that Recipient has acted in accordance with the terms hereof. All undertakings with respect to confidentiality, non use, indemnification and compensations for breach, shall survive termination or expiration hereof, as well as all other provisions with respect to limitation of liability and the Company’s disclaimers. (d) Delays or Omissions; Waiver. The rights of a party may be waived by such party only in writing and specifically; the conduct of any one of the parties shall not be deemed a waiver of any of its rights pursuant to this Agreement and/or as a waiver or consent on its part as to any breach or failure to meet any of the terms of this Agreement or as an amendment hereto. A waiver by a party in respect of a breach by the other party of its obligations shall not be construed as a justification or excuse for a further breach of its obligations. (e) No delay or omission to exercise any right, power, or remedy accruing to any party hereto upon any breach or default by the other under this Agreement shall impair any such right or remedy nor shall it be construed to be a waiver of any such breach or default, or any acquiescence therein or in any similar breach or default thereafter occurring. (f) All remedies, either under this Agreement or by law or otherwise afforded to any of the parties, shall be cumulative and not alternative. (g) Amendment; Waiver. Any term of this Agreement may be amended and the observance of any term hereof may be waived (either prospectively or retroactively and either generally or in a particular instance) only with the written consent of all of the parties to this Agreement. (h) Entire Agreement. This Agreement constitutes the full and entire understanding and agreement between the parties with regard to the subject matters hereof and thereof. (i) Severability. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof; provided, however, that in such event this Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by the relevant court of competent jurisdiction. (j) Where provisions of any applicable law resulting in such illegality, invalidity or unenforceability may be waived, they are hereby waived by each party to the full extent permitted so that this Agreement shall be deemed valid and binding agreements, in each case enforceable in accordance with its terms. (k) Counterparts, Facsimile & Email Signatures. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. A signed Agreement received by a party hereto via facsimile or email will be deemed an original, and binding upon the party who signed it. (l) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Florida, USA, without giving effect to the principles thereof relating to conflict of laws. (m) Further Actions. At any time and from time to time, each party agrees, without further consideration, to take such actions and to execute and deliver such documents as may be reasonably necessary to effectuate the purposes of this Agreement. (n) No Third-Party Beneficiaries. Nothing in this Agreement shall create or confer upon any person or entity, other than the parties hereto or their respective successors and permitted assigns, any rights, remedies, obligations or liabilities, except as expressly provided herein. Recipient may not assign any of its rights and obligations hereunder to another party. Each Party has accepted the terms of this Agreement by signing this Agreement in two identical copies: 13 of 106 5 Recipient Company Signature Name Date 14 of 106 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 14, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: Mayor’s Special Events Account 01-11-01-511-490-01 Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)X Sponsor Name Mayor Oliver Gilbert Department: Mayor and City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING THE SUM OF THREE THOUSAND, FIVE HUNDRED DOLLARS ($3,500.00) FROM THE MAYOR’S SPECIAL EVENT ACCOUNT, TO SUPPORT THE FLORIDA FREEDOM WRITERS’ VIKING FREEDOM WRITERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Mayor Oliver Gilbert requests to spend $3,500 from his Special Events account to support the Florida Freedom Writers’ Viking Freedom Writers as eight of its members compete and represent Miami Norland Senior High and the City of Miami Gardens in the 2017 Brave New Voices International Poetry Slam. The purpose of 2017 Brave New Voices International Poetry Slam is to galvanize poets from around the world to participate in workshops, community service, civic participation events, and poetry competitions. The Poetry Slam will take place on July 19-22, 2017, in San Fransisco, California. Agenda Item K-2 Supporting Florida Freedom Writers' Viking Freedom Writers 15 of 106 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 Fiscal Impact $3,500 will be allocated from Mayor’s Special Events account. After this allocation, there is a balance of $1,500.00 Proposed Action: Recommend City Council to approve this resolution. Attachment: N/A 16 of 106 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, ALLOCATING THE SUM OF 4 THREE THOUSAND, FIVE HUNDRED DOLLARS ($3,500.00) 5 FROM THE MAYOR’S SPECIAL EVENT ACCOUNT, TO 6 SUPPORT THE FLORIDA FREEDOM WRITERS’ VIKING 7 FREEDOM WRITERS; PROVIDING FOR THE ADOPTION OF 8 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, Mayor Oliver Gilbert, is requesting Three Thousand, Five Hundred 11 Dollars ($3,500.00) from his special event account to support the Florida Freedom 12 Writers as eight (8) of its members compete and represent Miami Norland Senior High 13 and the City of Miami Gardens in the 2017 Brave New Voices International Poetry Slam, 14 and 15 WHEREAS, the purpose of 2017 Brave New Voices International Poetry Slam is 16 to galvanize poets from around the world to participate in workshops, community 17 service, civic participation events, and poetry competitions, and 18 WHEREAS the Poetry Slam will take place on July 19-22, 2017, in San 19 Francisco, California, 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 21 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 22 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 23 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 24 made a specific part of this Resolution. 25 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 26 hereby authorizes the allocation of Three Thousand, Five Hundred Dollars ($3,500.00) 27 from the Mayor’s Special Event Account, to support the Florida Freedom Writers’ Viking 28 Freedom Writers. 29 17 of 106 2 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 30 upon its final passage. 31 32 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 34 35 ___________________________________ 36 OLIVER GILBERT, III, MAYOR 37 38 39 40 ATTEST: 41 42 43 __________________________________ 44 RONETTA TAYLOR, MMC, CITY CLERK 45 46 47 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 48 49 50 SPONSORED BY: MAYOR OLIVER GILBERT, III 51 Moved by: __________________ 52 53 VOTE: _________ 54 55 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 56 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 57 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 58 Councilman Rodney Harris ____ (Yes) ____ (No) 59 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 60 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 61 Councilman David Williams Jr ____ (Yes) ____ (No) 62 63 18 of 106 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 14, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)X Sponsor Name Mayor Oliver Gilbert Department: Mayor and City Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE USE OF THE CITY OF MIAMI GARDENS SHOWMOBILE FOR THE PARKWAY BAPTIST CHURCH ANNUAL CULTURAL FEST EVENT TO BE HELD ON SATURDAY, JULY 15, 2017; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Mayor Oliver Gilbert is requesting approval for the Miami Gardens mobile stageshowmobile for the Parkway Baptist Church's annual Cultural Fest event scheduled for July 15th, 2017 from 2pm - 8pm. The purpose of this event is to highlight cultures, provide fun activities particularly for children and families, raise funds to support efforts to meaningfully engage the youth of our area and provide local businesses with an opportunity to showcase their products, services and responsible stewardship in the community. This event is free to the public and will be hosted on the church grounds at (18000 NW 18th Avenue Miami Gardens FL 33056). Agenda Item K-3 Use of Show Mobile for Parkway Baptist Church Cultural event 19 of 106 18605 N.W. 27th Avenue Miami Gardens, Florida 33056 Fiscal Impact The personnel costs for Publc Works employees to deliver, set up, provide services through the event and dissemble the showmobile after the event is estimated to be approximately $855.48. Proposed Action: Recommend City Council to approve this resolution. Attachment: N/A 20 of 106 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE USE OF THE 4 CITY OF MIAMI GARDENS SHOWMOBILE FOR THE PARKWAY 5 BAPTIST CHURCH ANNUAL CULTURAL FEST EVENT TO BE 6 HELD ON SATURDAY, JULY 15, 2017; PROVIDING FOR THE 7 ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 8 EFFECTIVE DATE. 9 10 WHEREAS, Parkway Baptist Church will be having its annual Cultural Fest event 11 on Saturday, July 15, 2017, from 2:00pm-8:00pm, and 12 WHEREAS, the purpose of this event is to highlight cultures, provide fun 13 activities for children and families, raise funds to support efforts meaningfully, engage 14 the youth of our area, and provide local businesses with an opportunity to showcase 15 their products, services and responsible stewardship in the community, and 16 WHEREAS, Mayor Oliver Gilbert would like to sponsor the use of the City of 17 Miami Gardens showmobile in support of Parkway Baptist Church Annual Cultural Fest 18 event, and 19 WHEREAS, this event is free to the public and will be hosted on the church 20 grounds at 18000 N.W. 18th Avenue, Miami Gardens, Florida 33056, 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 23 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25 made a specific part of this Resolution. 26 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 27 hereby authorizes the use of the City of Miami Gardens showmobile for the Parkway 28 Baptist Church Annual Cultural Fest event on Saturday, July 15, 2017. 29 21 of 106 2 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 30 upon its final passage. 31 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 32 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 33 34 ___________________________________ 35 OLIVER GILBERT, III, MAYOR 36 37 38 39 ATTEST: 40 41 42 __________________________________ 43 RONETTA TAYLOR, MMC, CITY CLERK 44 45 46 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 47 48 49 SPONSORED BY: MAYOR OLIVER GILBERT, III 50 51 Moved by: __________________ 52 53 Seconded by: _______________ 54 55 VOTE: _________ 56 57 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 58 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 59 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 60 Councilman Rodney Harris ____ (Yes) ____ (No) 61 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 62 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 63 Councilman David Williams Jr ____ (Yes) ____ (No) 64 65 22 of 106 18605 NW 27th Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 14, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image X Communcation Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address)X Sponsor Name Mayor Oliver Gilbert Department: Mayor and Council Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST RESPECTIVELY THAT CERTAIN AGREEMENT WITH MIAMI-DADE COUNTY FILM PERMITTING INTERLOCAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: To streamline the film permitting process, the Mayor proposes entering into an interlocal agreement with Miami Dade County to allow the Miami-Dade Film Office to issue permits on the City’s behalf. Under the terms of the interlocal agreement, the Miami-Dade Film Office will issue permits to film and still photography production companies allowing them to utilize City facilities and services as authorized by the City. Agenda Item K-4 Agreement e/Miami Dade for Film Permitting Services 23 of 106 18605 NW 27th Avenue Miami Gardens, Florida 33056 Proposed Action: Enter into an interlocal agreement with the Miami-Dade Film Office. Attachment: Yes. 24 of 106 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST 5 RESPECTIVELY THAT CERTAIN AGREEMENT WITH 6 MIAMI-DADE COUNTY FILM PERMITTING INTERLOCAL; 7 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 8 PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, to streamline the film permitting process, Mayor Oliver Gilbert 11 proposes entering into an Interlocal Agreement with Miami-Dade County to allow the 12 Miami-Dade Film Office to issue permits on the City’s behalf, and 13 WHEREAS, under the terms of the Interlocal Agreement, the Miami-Dade Film 14 Office will issue permits to film and still photography production companies allowing 15 them to utilize City facilities and services as authorized by the City, 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 18 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 19 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 20 made a specific part of this Resolution. 21 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 22 hereby authorizes the City Manager and the City Clerk to execute and attest 23 respectively that certain Agreement with Miami-Dade County to allow the Miami-Dade 24 Film Office to issue permits on the City’s behalf, attached hereto as Exhibit “A”. 25 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 26 upon its final passage. 27 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 28 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 29 30 25 of 106 2 ___________________________________ 31 OLIVER GILBERT, III, MAYOR 32 33 34 ATTEST: 35 36 37 __________________________________ 38 RONETTA TAYLOR, MMC, CITY CLERK 39 40 41 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 42 43 44 SPONSORED BY: MAYOR OLIVER GILBERT, III 45 46 Moved by: __________________ 47 48 VOTE: _________ 49 50 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 51 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 52 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 53 Councilman Rodney Harris ____ (Yes) ____ (No) 54 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 55 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 56 Councilman David Williams Jr ____ (Yes) ____ (No) 57 58 26 of 106 INTERLOCAL AGREEMENT FILM PERMITTING MIAMI-DADE COUNTY – CITY OF MIAMI GARDENS WHEREAS, the Board of County Commissioners passed Ordinance 91-50, in order to effect a one stop permitting process within the Miami-Dade Office of Film and Entertainment ("Film Office"); and WHEREAS, the Ordinance allows for the County to enter into interlocal agreements with the various municipalities within Miami-Dade County in order for the Miami-Dade Film Office to permit for use of municipal property and services; and WHEREAS, the various municipalities have expressed willingness to enter into agreement with Miami-Dade County to perform this function on their behalf: NOW THEREFORE, for and in consideration of the terms, conditions and covenants contained herein, Miami-Dade County and the City of Miami Gardens hereto agree as follows: 1. Purpose: The City of Miami Gardens hereby authorizes the County, through its Film Office, to issue permits to film and still photography production companies allowing them to utilize City facilities and services as authorized by the City. 2. Term: The City grants authorization to the County, through its Film Office, to issue permits for the period of five years, commencing ten (10) days from the date of approval of this agreement by both parties. 3. Cancellation: This agreement may be canceled by either party by providing written notice of intention to terminate, with 30 days prior notice, with or without cause. Any permits which may have been issued prior to termination, but covering dates after the termination date will be honored. 4. Liaison: The City of Miami Gardens will appoint a representative to act as liaison to the Film Office, and who will coordinate City facilities and services, and who shall have the authority to authorize the issuance of permits by the County on behalf of the City. 5. Advance Notice: The County agrees to provide written notice to the City of Miami Gardens, via email and U.S. mail, of requests for City facilities or services within one working day of receipt of the request from a production company for such service. The City retains the right to deny issuance of a permit based on insufficient advance notice. 6. Insurance: The County, through its Film Office agrees to obtain from any production company issued a permit for the City, an insurance certificate, naming the City as additionally insured, in the amount of one million dollars ($1,000,000.00) for film production and for still photography, providing for comprehensive general liability coverage. In the event that the County fails to verify required insurance, and the City has not 27 of 106 waived said requirement, the County shall assume liability under state tort law, within limitations described by 768.28 of Florida Statutes. Verifying insurance means that the County obtains a copy of the production company's liability insurance policy naming the City as an additional insured in the amounts described above. 7. Refusal: The City Manager in his/her discretion maintains the right to reject any permit application if the City determines that it would not be in the best interest of the City to approve the permit application and the granting of the permit would not serve to promote the general welfare of the community. 8. Non Exclusive Rights: The City of Miami Gardens retains the right to issue authorization to any production company directly and without notice to the Film Office. 9. Priority Service Consideration: The County agrees that City services will be given first right to provide support service to production companies which are utilizing City property. 10. Guidelines: The City of Miami Gardens agrees to provide in writing, Guidelines to govern the issuance of permits issued on the City’s behalf. These Guidelines are subject to revision at any time, subject to ten (10) days written notice to the Film Office. All Guidelines must conform to law. 11. Facilities: The City of Miami Gardens agrees to provide in writing, a schedule of facilities, services and associated fees and required deposits, which it wishes to make available for use. Further, the County agrees to forward any requests for special facilities which the City may own or control and may be requested by a production company. 12. Collections: The City of Miami Gardens agrees that they will be responsible for the billing and collection of any fees or charges assessed to a production company for use of facilities and/or services and the County will in no way be liable for such charges, if unpaid. The County shall not issue permits to film and still photography production companies that have unpaid fees or charges assessed by the City under this section, provided the City has notified the County of such unpaid fees or charges. 13. Hold Harmless: The City of Miami Gardens agrees that they will hold the County harmless and that the County will be in no way be liable for any damages caused by a production company permitted to film in the City, where the permit was issued with the appropriate authorization of the City’s Liaison. 14. Cooperative Marketing: The County agrees to include the City in any cooperative marketing material which may be issued from the Film Office, and the terms and costs will be determined at the time of production. Further, the County agrees to list the City by name in any reference to "one stop Permitting and its participating municipalities." However, the cost to the City shall not exceed $5,000 without prior approval of the City Commission by written resolution. 28 of 106 15. Facility Photo File: The City agrees to provide the County with photographs of available areas or facilities which the City wishes to promote for the use of film production and the County agrees to make this material available to production companies, in an effort to market the City, County and South Florida to the film industry. 16. Notice: All legal notices regarding this agreement must be sent to the following address: Miami - Dade County City of Miami Gardens Deputy Mayor Jack Osterholt City Mayor Oliver G. Gilbert III Attn: Office of Film & Entertainment 18605 NW 27th Avenue 111 NW 1st Street, 12th Floor Miami Gardens, Florida 33056 Miami, FL 33128 17. This agreement may be amended only by the mutual written consent of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their appropriate officials, as of the date first above written. ATTEST: Harvey Ruvin, Clerk MIAMI-DADE COUNTY BOARD OF COUNTY COMMISSIONERS BY_____________________ BY_________________________ Clerk Mayor Carlos A. Gimenez Approved as to form ________________________ County Attorney _________________________________________________________________________ ATTEST: City of Miami Gardens Pursuant to Resolution ___________________ BY _________________________ BY________________________ City Clerk City Mayor Approved as to form ________________________ City Attorney 29 of 106 18605 NW 27 Avenue Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 14, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev X Public Safety Quality of Education Qual. of Life & City Image X Communication Strategic Plan Obj./Strategy: (list thespecific objective/strategy this item will address) Quality of Life and City Image X Sponsor Name Cameron D. Benson, City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST TO RESPECTIVELY THAT CERTAIN AGREEMENT WITH THE TOWN OF LAKE CLARKE SHORES AND THE CITY OF FERNANDINA BEACH FOR THE FLORIDA RESILIENCE AND ENERGY DISTRICT, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background In 2010, the Florida Legislature adopted House Bill 7179 (Section 163.08, F.S.), which allows local governments to create Property Assessed Clean Energy (PACE) programs in order to provide financing for energy conservation and efficiency, renewable energy, wind resistance and other improvement projects consistent with state law. Agenda Item K-5 Floria Resilience & Energy District 30 of 106 18605 NW 27 Avenue Miami Gardens, Florida 33056 House Bill 7179 authorizes local governments to levy non-ad valorem assessments to fund certain energy conservation and efficiency improvements. The Bill allows business and residential property owners to apply for funding and enter into agreements with local governments to finance these improvements. In January 2017, the Florida Resiliency and Energy District (FRED District) was established by the Town of Lake Clarke Shores and City of Fernandina Beach, Florida in order to provide municipalities with affordable financing opportunities for qualifying improvements. Through an Interlocal Agreement, several municipalities have joined including, the Cities of North Miami Beach, Miami Springs, Hialeah, Palm Beach Shores, Golf, Boynton Beach, Orlando, Winter Park, Longwood, and Satellite Beach, and Broward, Charlotte, Hillsborough, Pasco and Leon Counties, with Palm Beach County, City of West Palm Beach, Miami-Dade County and Collier County in the process. On January 28, 2015 via resolution no. 2015-16-2213, and on May 10, 2017 via resolution no. 2017-90- 3195, the City entered into an Interlocal Agreement with the Clean Energy Coastal Corridor and the Florida Green Finance Authority, respectively; both are PACE Districts operating in Miami-Dade County. Current Situation The upfront cost of energy conservation improvements limit property owners from investing in these projects. By joining the Florida Resiliency and Energy District (FRED District), City of Miami Gardens business and residential property owners can pay for energy upgrades over time using long-term, low- interest financing. The projects are repaid through an annual assessment on the property tax bill. The PACE program will increase the sustainability and aesthetics of properties within the City, thereby increasing property value, efficiency and usability. Residents and business owners will be assisted in reducing their carbon footprint and energy costs. Furthermore, by entering into another Interlocal Agreement with the FRED District, the addition of competition will benefit the business owners and residents. The program will also stimulate the local economy through the creation of construction jobs. Fiscal Impact There is no fiscal impact. Entering into the Interlocal Agreement does not obligate the City in anyway financially. Proposed Action: That the City Council approves the attached resolution. Attachments: • Florida Resiliency and Energy District Membership Agreement • Section 163.01 and 163.08, Florida Statutes 31 of 106 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST 5 TO RESPECTIVELY THAT CERTAIN AGREEMENT WITH THE 6 TOWN OF LAKE CLARKE SHORES AND THE CITY OF 7 FERNANDINA BEACH FOR THE FLORIDA RESILIENCE AND 8 ENERGY DISTRICT, ATTACHED HERETO AS EXHIBIT “A”; 9 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, in 2010, the Florida Legislature adopted House Bill 7179 (Section 13 163.08, Florida Statutes), which allows local governments to create Property Assessed 14 Clean Energy (PACE) programs, in order to provide financing for energy conservation 15 and efficiency, renewable energy, wind resistance and other improvement projects 16 consistent with state law, and 17 WHEREAS, Florida Statutes Section 163.08 also authorizes local governments 18 to levy non-ad valorem assessments to fund financing for certain energy conservation 19 and efficiency improvements, and 20 WHEREAS, in January 2017, the Florida Resilience and Energy District (FRED 21 District) was established by the Town of Lake Clarke Shores and the City of Fernandina 22 Beach, Florida, in order to provide municipalities with affordable financing opportunities 23 for qualifying improvements, and 24 WHEREAS, on January 28, 2015, and on or about May 10, 2017, the City 25 Council for the City of Miami Gardens adopted Resolutions authorizing the City 26 Manager to enter into Interlocal Agreements with the Clean Energy Coastal Corridor 27 and the Florida Green Finance Authority respectively, both of which are PACE Districts 28 operating in Miami-Dade County, and 29 32 of 106 2 WHEREAS, by joining the FRED District, City of Miami Gardens business and 30 residential property owners can pay for energy upgrades over time using long-term, low-31 interest financing, and 32 WHEREAS, the projects are repaid through an annual assessment on the 33 property tax bill, and 34 WHEREAS, the PACE program will increase the sustainability and aesthetics of 35 properties within the City, thereby increasing property value, efficiency and usability, 36 and 37 WHEREAS, City Staff recommends the City Council authorize the City Manager 38 to enter into an Interlocal Agreement with the Town of Lake Clarke Shores and the City 39 of Fernandina Beach for the Florida Resilience and Energy District (FRED District), 40 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 41 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 42 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 43 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 44 made a specific part of this Resolution. 45 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 46 hereby authorizes the authorizing the City Manager and the City Clerk to Execute and 47 attest to respectively that certain Agreement with the Town of Lake Clarke Shores and 48 the City of Fernandina Beach for the Florida Resilience and Energy District, attached 49 hereto as Exhibit “A”. 50 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 51 upon its final passage. 52 33 of 106 3 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 53 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 54 55 ___________________________________ 56 OLIVER GILBERT, III, MAYOR 57 58 59 ATTEST: 60 61 62 __________________________________ 63 RONETTA TAYLOR, MMC, CITY CLERK 64 65 66 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 67 68 69 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 70 71 Moved by: __________________ 72 73 VOTE: _________ 74 75 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 76 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 77 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 78 Councilman Rodney Harris ____ (Yes) ____ (No) 79 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 80 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 81 Councilman David Williams Jr ____ (Yes) ____ (No) 82 83 34 of 106 1 FDFC_12-21-16 This instrument was prepared by or under the supervision of (and after recording should be returned to): Joseph P. Stanton Broad & Cassel Bank of America Center 390 North Orange Avenue Suite 1400 Orlando, FL 32801-4961 (SPACE reserved for Clerk of Court) LIMITED PURPOSE PARTY MEMBERSHIP AGREEMENT BETWEEN THE FLORIDA RESILIENCY AND ENERGY DISTRICT AND [NAME OF LOCALITY] This Limited Purpose Party Membership Agreement (the "Agreement") is entered into this day of , 20 by and between the FLORIDA RESILIENCY AND ENERGY DISTRICT ("FRED"), a public body corporate and politic created as a separate legal entity pursuant to Section 163.01(7), Florida Statutes, and [NAME OF LOCALITY], a political subdivision of the State of Florida (the "[TOWN/CITY/COUNTY]") (collectively, the "Parties") for the purpose of providing a Property Assessed Clean Energy ("PACE") program within the legal boundaries of the [TOWN/CITY/COUNTY]. W I T N E S S E T H WHEREAS, pursuant to Section 163.08(1), Florida Statutes, the legislature determined that access to financing for certain renewable energy, energy efficiency and conservation and wind resistance improvements ("Qualifying Improvements") through voluntary assessment programs such as the PACE program provides a special benefit to real property by alleviating the property's burden from energy consumption and/or reducing the property's burden from potential wind damage; and WHEREAS, in order to make such Qualifying Improvements more affordable and assist property owners who wish to undertake such improvements, the legislature also determined that there is a compelling state interest in enabling property owners to voluntarily finance such Qualifying Improvements with the assistance of local governments, through the execution of financing agreements and the related imposition of voluntary, non-ad valorem special assessments; and WHEREAS, an Interlocal Agreement, dated September 6, 2016, as amended and supplemented from time to time (the "Interlocal Agreement") was entered into between the Town of Lake Clarke Shores, the City of Fernandina Beach, and any subsequent parties thereto (the "Public Agencies") and, in the limited capacity described therein, the Florida Development Finance Corporation ("FDFC" and, together with the Public Agencies, the "Parties"), for the purpose of facilitating the financing of Qualifying 35 of 106 2 FDFC_12-21-16 Improvements for properties located within FRED's aggregate legal boundaries via the levy and collection of voluntary non-ad valorem special assessments on improved property; and WHEREAS, the [TOWN/CITY/COUNTY] agrees with such legislative determinations and finds that the financing of Qualifying Improvements through the PACE program provides a special benefit to participating real property within its legal boundaries; and WHEREAS, the Parties to this Agreement desire to supplement the Interlocal Agreement to include the [TOWN/CITY/COUNTY] as a Limited Member, as such term is defined in the Interlocal Agreement, on the date last signed below. NOW, THEREFORE, in consideration of the above recitals, terms and conditions, promises and covenants hereinafter set forth, the Parties agree as follows: SECTION 1. DEFINITIONS. Any capitalized terms used in this Agreement, but not otherwise defined herein, shall have the meaning specified for such term in the Interlocal Agreement. SECTION 2. PURPOSE. The purpose of this Agreement is to facilitate the financing of Qualifying Improvements through a PACE program, in accordance with Section 163.08, Florida Statutes, and provide an efficient process for real property owners within the legal boundaries of the [TOWN/CITY/COUNTY] to access the PACE program and permit FRED to administer the PACE program within such legal boundaries. SECTION 3. RIGHTS OF PARTIES. FRED, together with its member Parties, and the [TOWN/CITY/COUNTY], with the intent to be bound thereto, hereby agree that the [TOWN/CITY/COUNTY] shall become a Party to the Interlocal Agreement together with only those rights and obligations of Parties to the Interlocal Agreement as are necessary to fulfill the purposes described in this Agreement, including access to financing and processing of non-ad valorem special assessments by FRED, within the legal boundaries of the [TOWN/CITY/COUNTY], as more specifically described below, and in accordance with federal, state, and local laws, rules, regulations, ordinances, and all operational program standards of the [TOWN/CITY/COUNTY]. SECTION 4. INCORPORATION OF RECITALS AND LEVY OF SPECIAL ASSESSMENTS. The Parties hereby acknowledge and agree with each recital to this Agreement and incorporate such findings herein as their own. The non-ad valorem special assessments arising from a property owner's voluntary participation in the PACE program shall be levied by FRED on properties within the legal boundaries the [TOWN/CITY/COUNTY] and the receipt and distribution of any non-ad valorem special assessments imposed by FRED are purely ministerial acts. 36 of 106 3 FDFC_12-21-16 SECTION 5. QUALIFYING IMPROVEMENTS. FRED may provide access to financing for Qualifying Improvements to real property within the legal boundaries of the [TOWN/CITY/COUNTY], in accordance with Section 163.08, Florida Statutes, and subject to the terms of this Agreement, as well as applicable federal, state, and [TOWN/CITY/COUNTY] law. SECTION 6. FINANCING AGREEMENT. Before extending any financing or subjecting any participating real property within the legal boundaries of the [TOWN/CITY/COUNTY] to the non-ad valorem special assessment authorized therein, FRED and FDFC, through their designees, shall, on a non-exclusive basis pursuant to the Section 163.08, Florida Statutes and this Agreement, enter into a financing agreement (the "Financing Agreement") with property owner(s) within the legal boundaries of the [TOWN/CITY/COUNTY] who qualify for financing through FRED. The Financing Agreement shall include a thorough explanation of the PACE financing process and specify at what point in the process the special assessment will be added to the real property's owner's property tax bills (after completion of the project(s), permit approval, and approval by the property owner). SECTION 7. BOUNDARIES OF THE PACE PROGRAM. For the limited purposes of administering the PACE program and imposing non-ad valorem special assessments as described in this Agreement, the legal boundaries of FRED shall include the legal boundaries of the [TOWN/CITY/COUNTY], which legal boundaries may be limited, expanded to reflect annexation, or more specifically designated from time to time by the [TOWN/CITY/COUNTY] by providing written notice to FRED. Upon execution of this Agreement and written request thereafter, the [TOWN/CITY/COUNTY] agrees to provide FRED the current legal description of the legal boundaries of the [TOWN/CITY/COUNTY]. SECTION 8. ELIGIBLE PROPERTIES. Within the legal boundaries of the [TOWN/CITY/COUNTY], improved real property, including any residential, commercial, agricultural and industrial use may be eligible for participation in the PACE program within the limits otherwise prescribed in Section 163.08, Florida Statutes. SECTION 9. SURVIVAL OF SPECIAL ASSESSMENTS. During the term of this Agreement, FRED may levy voluntary non-ad valorem special assessments on participating properties within the legal boundaries of the [TOWN/CITY/COUNTY] to help secure the financing of costs of Qualifying Improvements constructed or acquired on such properties based on the finding of special benefit by the [TOWN/CITY/COUNTY] incorporated into Section 3 hereof. Those properties receiving financing for Qualifying Improvements shall be assessed by FRED until such time as the financing for such Qualified Improvement is repaid in full, in accordance with Section 163.08, Florida Statutes, and other applicable law. Notwithstanding termination of this Agreement or notice of a change in the legal boundaries of the [TOWN/CITY/COUNTY] as provided for herein, those properties that have received 37 of 106 4 FDFC_12-21-16 financing for Qualifying Improvements shall continue to be a part of FRED, until such time that all outstanding debt has been satisfied. SECTION 10. TERM. This Agreement shall remain in full force and effect from the date of its execution by both Parties. Any Party may terminate this Agreement for convenience upon ninety (90) days' prior written notice ("Termination Notice") in accordance with the terms of the Interlocal Agreement. Beginning on the date FRED receives a Termination Notice from the [TOWN/CITY/COUNTY] ("Termination Date"), FRED shall not approve any new applications affecting property within the legal boundaries of the [TOWN/CITY/COUNTY] referenced in the Termination Notice. Notwithstanding termination of this Agreement, however, property owners whose applications were approved prior to the Termination Date, and who received funding through the PACE program, shall continue to be a part of FRED, for the sole purpose of FRED imposing assessments for the repayment of such property's outstanding debt, until such time that all outstanding debt has been satisfied. SECTION 11. CONSENT. This Agreement, together with the resolution by the governing board of the [TOWN/CITY/COUNTY] approving this Agreement, shall be considered the Parties' consent to authorize FRED to administer the PACE program within the legal boundaries of the [TOWN/CITY/COUNTY], as required by Section 163.08, Florida Statutes. SECTION 12. [TOWN/CITY/COUNTY] COORDINATOR. The [DEPARTMENT/OFFICE] within the [TOWN/CITY/COUNTY] shall serve as the [TOWN/CITY/COUNTY]'s primary point of contact and coordinator. The [TOWN/CITY/COUNTY] will advise FRED of any changes to the [TOWN/CITY/COUNTY]'s primary contact and coordinator within 30 days of such changes. SECTION 13. CARBON OR SIMILAR CREDITS. To the extent permitted by law, in the event that the Financing Agreement or any other PACE agreement with the property owner provides for the transfer of any carbon or similar mitigation credits derived from Qualifying Improvements to FRED, any such carbon or similar mitigation credits derived from properties within the legal boundaries of the [TOWN/CITY/COUNTY], shall be shared in equal parts between FRED and the [TOWN/CITY/COUNTY]. SECTION 14. LIMITED OBLIGATIONS. Neither FRED nor FDFC is authorized to issue bonds, or any other form of debt, on behalf of the [TOWN/CITY/COUNTY] without a separate interlocal agreement or other authority provided by State law. To the extent that FRED or FDFC issues PACE-related bonds under its own authority in connection with this Agreement, the security for such bonds may be secured by non-ad valorem special assessments imposed by FRED on participating properties within the legal boundaries of the [TOWN/CITY/COUNTY]. 38 of 106 5 FDFC_12-21-16 The issuance of such bonds shall not directly or indirectly or contingently obligate the [TOWN/CITY/COUNTY] to levy or to pledge any form of taxation whatever, or to levy ad valorem taxes on any property within their territorial limits to pay the bonds, and the bonds shall not constitute a lien upon any property owned by the [TOWN/CITY/COUNTY]. For any such bonds, the bond disclosure document, if any, shall include references to the fact that the [TOWN/CITY/COUNTY] is not an obligated party, and also adequately disclose material attendant risks with PACE programs. SECTION 15. LIABILITY, INDEMNIFICATION AND SOVEREIGN IMMUNITY. (A) [TOWN/CITY/COUNTY] and FRED are and shall be subject to Sections 768.28 and 163.01(9)(c), Florida Statutes, and any other provisions of Florida law governing sovereign immunity. Pursuant to Section 163.01(5)(0), Florida Statutes, and this covenant of the parties hereto, the local governments who are either or both the founders or members of FRED shall not be held jointly liable for the torts of the officers or employees of the FRED, or any other tort attributable to FRED, and that FRED alone shall be liable for any torts attributable to it or for torts of its officers, employees or agents, and then only to the extent of the waiver of sovereign immunity or limitation of liability as specified in Section 768.28, Florida Statutes. [TOWN/CITY/COUNTY] and FRED acknowledge and agree that FRED shall have all of the applicable privileges and immunities from liability and exemptions from laws, ordinances, rules and common law which apply to the municipalities and counties of the State. [TOWN/CITY/COUNTY] is completely independent of FRED. To the extent provided by law, FRED shall indemnify, defend and hold harmless [TOWN/CITY/COUNTY] from any and all damages, claims, and liability arising from the negligence or intentional misconduct of FRED relating to operation of the PACE program. Nothing in this Agreement is intended to inure to the benefit of any third-party for the purpose of allowing any claim, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. (B) Neither [TOWN/CITY/COUNTY], nor the local governments who are ei- ther or both the founders or members of the Agency, nor any subsequently joining or par- ticipating local government as members of FRED shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of FRED, the govern- ing board of FRED or any other agents, employees, officers or officials of FRED, except to the extent otherwise mutually and expressly agreed upon, and neither FRED, the gov- erning board of FRED or any other agents, employees, officers or officials of FRED have any authority or power to otherwise obligate either [TOWN/CITY/COUNTY], the local governments who are either or both the founders or members of FRED, nor any subse- quently subscribing or participating local government in the business of FRED in any manner. 39 of 106 6 FDFC_12-21-16 (C) All of the privileges and immunities from liability and exemptions from laws, ordinances and rules which apply to the activity of officials, officers, agents or employees of the parties shall apply to the officials, officers, agents or employees thereof when performing their respective functions and duties under the provisions of this Agreement. SECTION 16. AGREEMENTS WITH TAX COLLECTOR AND PROPERTY APPRAISER. This Agreement shall be subject to the express condition precedent that FRED enter into separate agreement(s) with the tax collector and the property appraiser having jurisdiction over the legal boundaries of the [TOWN/CITY/COUNTY], which shall provide for the collection of any non-ad valorem special assessments imposed by FRED within the legal boundaries of the [TOWN/CITY/COUNTY]. If required by the tax collector and property appraiser, the [TOWN/CITY/COUNTY] agrees to enter into those agreements as a third-party to facilitate the collection of the non-ad valorem special assessments imposed by FRED. SECTION 17. OPINION OF BOND COUNSEL. FRED warrants, based on counsel's review of the bond validation judgment and the underlying bond documents that the FDFC PACE program's structure complies with the bond validation judgment and the underlying bond documents. SECTION 18. AGENTS OF FRED. FRED shall ensure that its agents, administrators, subcontractors, successors and assigns are, at all times, in compliance with the terms of this Agreement and applicable [TOWN/CITY/COUNTY], state and federal laws. SECTION 19. NOTICES. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (such as Federal Express), or by written certified U.S. mail, with return receipt requested, or by electronic mail, addressed to the Party for whom it is intended, at the place specified. For the present, the Parties designate the following as the respective places for notice purposes: If to FRED: The Florida Resiliency and Energy District c/o Florida Development Finance Corporation William "Bill" F. Spivey, Jr. Executive Director 800 N. Magnolia Avenue, Suite 1100 Orlando, Florida 32803 407.956.5695 (t) bspivey@fdfcbonds.com 40 of 106 7 FDFC_12-21-16 and Issuer's Counsel with Broad and Cassel Joseph Stanton, Esq. Bank of America Center 390 North Orange Avenue Suite 1400 Orlando, FL 32801-4961 407.839.4200 (t) jstanton@broadandcassel.com If to [TOWN/CITY/COUNTY]: [TOWN/CITY/COUNTY] Coordinator, [INSERT CONTACT INFORMATION] SECTION 20. AMENDMENTS. No modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this agreement and executed by the [TOWN/CITY/COUNTY] and FRED or other delegated authority authorized to execute same on their behalf. SECTION 21. JOINT EFFORT. The preparation of this Agreement has been a joint effort of the Parties hereto and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. SECTION 22. MERGER. This Agreement represents the final and complete understanding of the Parties regarding the subject matter hereof and supersedes all prior and contemporaneous negotiations, correspondence, agreements, or understandings applicable to the matters contained herein; and the Parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, the Parties agree that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. SECTION 23. ASSIGNMENT. The respective obligations of the Parties set forth in this Agreement shall not be assigned, in whole or in part, without the written consent of the other Party hereto. SECTION 24. THIRD PARTY BENEFICIARIES. None of the Parties intend to directly or substantially benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement; provided, however, that counsel to the Parties may rely on this 41 of 106 8 FDFC_12-21-16 Agreement for purposes of providing any legal opinions required by the issuance of debt to finance the Qualifying Improvements. SECTION 25. RECORDS. The Parties shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. SECTION 26. RECORDING. This Limited Purpose Party Membership Agreement shall be filed by FRED with the Clerk of the Circuit Court in the Public Records of the [TOWN/CITY/COUNTY] and recorded in the public records of the [TOWN/CITY/COUNTY] as an amendment to the lnterlocal Agreement, in accordance with Section 163.01(11), Florida Statutes. SECTION 27. SEVERABILITY. In the event a portion of this Agreement is found to be unenforceable by a court of competent jurisdiction, that part shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect. SECTION 28. EFFECTIVE DATE. This Agreement shall become effective upon the execution by both Parties hereto. SECTION 29. LAW, JURISDICTION, AND VENUE. This Agreement shall be interpreted and construed in accordance with and governed by the laws of the state of Florida. The Parties agree that the exclusive venue for any lawsuit arising from, related to, or in connection with this Agreement shall be in the state courts of the [First…Twentieth] Judicial Circuit in and for [NAME OF COUNTY], Florida, the United States District Court for the [Northern][Middle][Southern] District of Florida or United States Bankruptcy Court for the [Northern][Middle][Southern] District of Florida, as appropriate. [SIGNATURE PAGES FOLLOW] 42 of 106 9 FDFC_12-21-16 [SIGNATURE PAGE TO LIMITED PURPOSE PARTY MEMBERSHIP AGREEMENT] IN WITNESS WHEREOF, the Parties hereto have made and executed this Agreement on this day of , 2016. [NAME OF LOCALITY], FLORIDA By: _ _ Date [TOWN/CITY/COUNTY] Mayor or Designee For the [ ] of [TOWN/CITY/COUNTY] [NAME OF LOCALITY], Attest: By: _ Deputy Clerk Date STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by , of the [INSERT PUBLIC AGENCY], Florida, who is personally known to me/has produced as identification. Printed/Typed Name: (SEAL) Notary Public-State of Florida Commission Number: 43 of 106 10 FDFC_12-21-16 [SIGNATURE PAGE TO LIMITED PURPOSE PARTY MEMBERSHIP AGREEMENT] WITNESS: WITNESS: FLORIDA DEVELOPMENT FINANCE CORPORATION on behalf of FLORIDA RESILIENCY AND ENERGY DISTRICT By: William "Bill" F. Spivey, Jr. Executive Director STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 20 , by William "Bill" F. Spivey, Jr., Executive Director of the Florida Development Finance Corporation, who is personally known to me/has produced as identification. Printed/Typed Name: (SEAL) Notary Public-State of Florida Commission Number: 44 of 106 45 of 106 46 of 106 47 of 106 48 of 106 49 of 106 50 of 106 51 of 106 52 of 106 53 of 106 54 of 106 55 of 106 56 of 106 57 of 106 58 of 106 59 of 106 60 of 106 61 of 106 62 of 106 63 of 106 64 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.08.html 1/3   Select Year:   2016 Go The 2016 Florida Statutes Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163  INTERGOVERNMENTAL PROGRAMS View Entire Chapter 163.08 Supplemental authority for improvements to real property.— (1)(a) In chapter 2008‐227, Laws of Florida, the Legislature amended the energy goal of the state comprehensive plan to provide, in part, that the state shall reduce its energy requirements through enhanced conservation and efficiency measures in all end‐use sectors and reduce atmospheric carbon dioxide by promoting an increased use of renewable energy resources. That act also declared it the public policy of the state to play a leading role in developing and instituting energy management programs that promote energy conservation, energy security, and the reduction of greenhouse gases. In addition to establishing policies to promote the use of renewable energy, the Legislature provided for a schedule of increases in energy performance of buildings subject to the Florida Energy Efficiency Code for Building Construction. In chapter 2008‐191, Laws of Florida, the Legislature adopted new energy conservation and greenhouse gas reduction comprehensive planning requirements for local governments. In the 2008 general election, the voters of this state approved a constitutional amendment authorizing the Legislature, by general law, to prohibit consideration of any change or improvement made for the purpose of improving a property’s resistance to wind damage or the installation of a renewable energy source device in the determination of the assessed value of residential real property. (b) The Legislature finds that all energy‐consuming‐improved properties that are not using energy conservation strategies contribute to the burden affecting all improved property resulting from fossil fuel energy production. Improved property that has been retrofitted with energy‐related qualifying improvements receives the special benefit of alleviating the property’s burden from energy consumption. All improved properties not protected from wind damage by wind resistance qualifying improvements contribute to the burden affecting all improved property resulting from potential wind damage. Improved property that has been retrofitted with wind resistance qualifying improvements receives the special benefit of reducing the property’s burden from potential wind damage. Further, the installation and operation of qualifying improvements not only benefit the affected properties for which the improvements are made, but also assist in fulfilling the goals of the state’s energy and hurricane mitigation policies. In order to make qualifying improvements more affordable and assist property owners who wish to undertake such improvements, the Legislature finds that there is a compelling state interest in enabling property owners to voluntarily finance such improvements with local government assistance. (c) The Legislature determines that the actions authorized under this section, including, but not limited to, the financing of qualifying improvements through the execution of financing agreements and the related imposition of voluntary assessments are reasonable and necessary to serve and achieve a compelling state interest and are necessary for the prosperity and welfare of the state and its property owners and inhabitants. (2) As used in this section, the term: (a) “Local government” means a county, a municipality, a dependent special district as defined in s. 189.012, or a separate legal entity created pursuant to s. 163.01(7). (b) “Qualifying improvement” includes any: 1. Energy conservation and efficiency improvement, which is a measure to reduce consumption through conservation or a more efficient use of electricity, natural gas, propane, or other forms of energy on the property, including, but not limited to, air sealing; installation of insulation; installation of energy‐efficient heating, cooling, 65 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.08.html 2/3 or ventilation systems; building modifications to increase the use of daylight; replacement of windows; installation of energy controls or energy recovery systems; installation of electric vehicle charging equipment; and installation of efficient lighting equipment. 2. Renewable energy improvement, which is the installation of any system in which the electrical, mechanical, or thermal energy is produced from a method that uses one or more of the following fuels or energy sources: hydrogen, solar energy, geothermal energy, bioenergy, and wind energy. 3. Wind resistance improvement, which includes, but is not limited to: a. Improving the strength of the roof deck attachment; b. Creating a secondary water barrier to prevent water intrusion; c. Installing wind‐resistant shingles; d. Installing gable‐end bracing; e. Reinforcing roof‐to‐wall connections; f. Installing storm shutters; or g. Installing opening protections. (3) A local government may levy non‐ad valorem assessments to fund qualifying improvements. (4) Subject to local government ordinance or resolution, a property owner may apply to the local government for funding to finance a qualifying improvement and enter into a financing agreement with the local government. Costs incurred by the local government for such purpose may be collected as a non‐ad valorem assessment. A non‐ad valorem assessment shall be collected pursuant to s. 197.3632 and, notwithstanding s. 197.3632(8)(a), shall not be subject to discount for early payment. However, the notice and adoption requirements of s. 197.3632(4) do not apply if this section is used and complied with, and the intent resolution, publication of notice, and mailed notices to the property appraiser, tax collector, and Department of Revenue required by s. 197.3632(3)(a) may be provided on or before August 15 in conjunction with any non‐ad valorem assessment authorized by this section, if the property appraiser, tax collector, and local government agree. (5) Pursuant to this section or as otherwise provided by law or pursuant to a local government’s home rule power, a local government may enter into a partnership with one or more local governments for the purpose of providing and financing qualifying improvements. (6) A qualifying improvement program may be administered by a for‐profit entity or a not‐for‐profit organization on behalf of and at the discretion of the local government. (7) A local government may incur debt for the purpose of providing such improvements, payable from revenues received from the improved property, or any other available revenue source authorized by law. (8) A local government may enter into a financing agreement only with the record owner of the affected property. Any financing agreement entered into pursuant to this section or a summary memorandum of such agreement shall be recorded in the public records of the county within which the property is located by the sponsoring unit of local government within 5 days after execution of the agreement. The recorded agreement shall provide constructive notice that the assessment to be levied on the property constitutes a lien of equal dignity to county taxes and assessments from the date of recordation. (9) Before entering into a financing agreement, the local government shall reasonably determine that all property taxes and any other assessments levied on the same bill as property taxes are paid and have not been delinquent for the preceding 3 years or the property owner’s period of ownership, whichever is less; that there are no involuntary liens, including, but not limited to, construction liens on the property; that no notices of default or other evidence of property‐based debt delinquency have been recorded during the preceding 3 years or the property owner’s period of ownership, whichever is less; and that the property owner is current on all mortgage debt on the property. (10) A qualifying improvement shall be affixed to a building or facility that is part of the property and shall constitute an improvement to the building or facility or a fixture attached to the building or facility. An agreement between a local government and a qualifying property owner may not cover wind‐resistance improvements in 66 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.08.html 3/3 buildings or facilities under new construction or construction for which a certificate of occupancy or similar evidence of substantial completion of new construction or improvement has not been issued. (11) Any work requiring a license under any applicable law to make a qualifying improvement shall be performed by a contractor properly certified or registered pursuant to part I or part II of chapter 489. (12)(a) Without the consent of the holders or loan servicers of any mortgage encumbering or otherwise secured by the property, the total amount of any non‐ad valorem assessment for a property under this section may not exceed 20 percent of the just value of the property as determined by the county property appraiser. (b) Notwithstanding paragraph (a), a non‐ad valorem assessment for a qualifying improvement defined in subparagraph (2)(b)1. or subparagraph (2)(b)2. that is supported by an energy audit is not subject to the limits in this subsection if the audit demonstrates that the annual energy savings from the qualified improvement equals or exceeds the annual repayment amount of the non‐ad valorem assessment. (13) At least 30 days before entering into a financing agreement, the property owner shall provide to the holders or loan servicers of any existing mortgages encumbering or otherwise secured by the property a notice of the owner’s intent to enter into a financing agreement together with the maximum principal amount to be financed and the maximum annual assessment necessary to repay that amount. A verified copy or other proof of such notice shall be provided to the local government. A provision in any agreement between a mortgagee or other lienholder and a property owner, or otherwise now or hereafter binding upon a property owner, which allows for acceleration of payment of the mortgage, note, or lien or other unilateral modification solely as a result of entering into a financing agreement as provided for in this section is not enforceable. This subsection does not limit the authority of the holder or loan servicer to increase the required monthly escrow by an amount necessary to annually pay the qualifying improvement assessment. (14) At or before the time a purchaser executes a contract for the sale and purchase of any property for which a non‐ad valorem assessment has been levied under this section and has an unpaid balance due, the seller shall give the prospective purchaser a written disclosure statement in the following form, which shall be set forth in the contract or in a separate writing: QUALIFYING IMPROVEMENTS FOR ENERGY EFFICIENCY, RENEWABLE ENERGY, OR WIND RESISTANCE.—The property being purchased is located within the jurisdiction of a local government that has placed an assessment on the property pursuant to s. 163.08, Florida Statutes. The assessment is for a qualifying improvement to the property relating to energy efficiency, renewable energy, or wind resistance, and is not based on the value of property. You are encouraged to contact the county property appraiser’s office to learn more about this and other assessments that may be provided by law. (15) A provision in any agreement between a local government and a public or private power or energy provider or other utility provider is not enforceable to limit or prohibit any local government from exercising its authority under this section. (16) This section is additional and supplemental to county and municipal home rule authority and not in derogation of such authority or a limitation upon such authority. History.—s. 1, ch. 2010‐139; s. 1, ch. 2012‐117; s. 64, ch. 2014‐22. Copyright © 1995‐2017 The Florida Legislature • Privacy Statement • Contact Us 67 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 1/17   Select Year:   2016 Go The 2016 Florida Statutes Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163  INTERGOVERNMENTAL PROGRAMS View Entire Chapter 163.01 Florida Interlocal Cooperation Act of 1969.— (1) This section shall be known and may be cited as the “Florida Interlocal Cooperation Act of 1969.” (2) It is the purpose of this section to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities. (3) As used in this section: (a) “Interlocal agreement” means an agreement entered into pursuant to this section. (b) “Public agency” means a political subdivision, agency, or officer of this state or of any state of the United States, including, but not limited to, state government, county, city, school district, single and multipurpose special district, single and multipurpose public authority, metropolitan or consolidated government, a separate legal entity or administrative entity created under subsection (7), an independently elected county officer, any agency of the United States Government, a federally recognized Native American tribe, and any similar entity of any other state of the United States. (c) “State” means a state of the United States. (d) “Electric project” means: 1. Any plant, works, system, facilities, and real property and personal property of any nature whatsoever, together with all parts thereof and appurtenances thereto, which is located within or without the state and which is used or useful in the generation, production, transmission, purchase, sale, exchange, or interchange of electric capacity and energy, including facilities and property for the acquisition, extraction, conversion, transportation, storage, reprocessing, or disposal of fuel and other materials of any kind for any such purposes. 2. Any interest in, or right to, the use, services, output, or capacity of any such plant, works, system, or facilities. 3. Any study to determine the feasibility or costs of any of the foregoing, including, but not limited to, engineering, legal, financial, and other services necessary or appropriate to determine the legality and financial and engineering feasibility of any project referred to in subparagraph 1. or subparagraph 2. (e) “Person” means: 1. Any natural person; 2. The United States; any state; any municipality, political subdivision, or municipal corporation created by or pursuant to the laws of the United States or any state; or any board, corporation, or other entity or body declared by or pursuant to the laws of the United States or any state to be a department, agency, or instrumentality thereof; 3. Any corporation, not‐for‐profit corporation, firm, partnership, cooperative association, electric cooperative, or business trust of any nature whatsoever which is organized and existing under the laws of the United States or any state; or 4. Any foreign country; any political subdivision or governmental unit of a foreign country; or any corporation, not‐for‐profit corporation, firm, partnership, cooperative association, electric cooperative, or business trust of any 68 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 2/17 nature whatsoever which is organized and existing under the laws of a foreign country or of a political subdivision or governmental unit thereof. (f) “Electric utility” has the same meaning as in s. 361.11(2). The term also includes those municipalities, authorities, commissions, special districts, or other public bodies that own, maintain, or operate an electrical generation, transmission, or distribution system within the state on June 25, 2008. (g) “Foreign public utility” means any person whose principal location or principal place of business is not located within this state; who owns, maintains, or operates facilities for the generation, transmission, or distribution of electrical energy; and who supplies electricity to retail or wholesale customers, or both, on a continuous, reliable, and dependable basis. “Foreign public utility” also means any affiliate or subsidiary of such person, the business of which is limited to the generation or transmission, or both, of electrical energy and activities reasonably incidental thereto. (h) “Local government liability pool” means a reciprocal insurer as defined in s. 629.021 or any self‐insurance program created pursuant to s. 768.28(16), formed and controlled by counties or municipalities of this state to provide liability insurance coverage for counties, municipalities, or other public agencies of this state, which pool may contract with other parties for the purpose of providing claims administration, processing, accounting, and other administrative facilities. (4) A public agency of this state may exercise jointly with any other public agency of the state, of any other state, or of the United States Government any power, privilege, or authority which such agencies share in common and which each might exercise separately. (5) A joint exercise of power pursuant to this section shall be made by contract in the form of an interlocal agreement, which may provide for: (a) The purpose of such interlocal agreement or the power to be exercised and the method by which the purpose will be accomplished or the manner in which the power will be exercised. (b) The duration of the interlocal agreement and the method by which it may be rescinded or terminated by any participating public agency prior to the stated date of termination. (c) The precise organization, composition, and nature of any separate legal or administrative entity created thereby with the powers designated thereto, if such entity may be legally created. (d) The manner in which the parties to an interlocal agreement will provide from their treasuries the financial support for the purpose set forth in the interlocal agreement; payments of public funds that may be made to defray the cost of such purpose; advances of public funds that may be made for the purposes set forth in the interlocal agreements and repayment thereof; and the personnel, equipment, or property of one or more of the parties to the agreement that may be used in lieu of other contributions or advances. (e) The manner in which funds may be paid to and disbursed by any separate legal or administrative entity created pursuant to the interlocal agreement. (f) A method or formula for equitably providing for and allocating and financing the capital and operating costs, including payments to reserve funds authorized by law and payments of principal and interest on obligations. The method or formula shall be established by the participating parties to the interlocal agreement on a ratio of full valuation of real property, on the basis of the amount of services rendered or to be rendered or benefits received or conferred or to be received or conferred, or on any other equitable basis, including the levying of taxes or assessments to pay such costs on the entire area serviced by the parties to the interlocal agreement, subject to such limitations as may be contained in the constitution and statutes of this state. (g) The manner of employing, engaging, compensating, transferring, or discharging necessary personnel, subject to the provisions of applicable civil service and merit systems. (h) The fixing and collecting of charges, rates, rents, or fees, where appropriate, and the making and promulgation of necessary rules and regulations and their enforcement by or with the assistance of the participating parties to the interlocal agreement. (i) The manner in which purchases shall be made and contracts entered into. (j) The acquisition, ownership, custody, operation, maintenance, lease, or sale of real or personal property. 69 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 3/17 (k) The disposition, diversion, or distribution of any property acquired through the execution of such interlocal agreement. (l) The manner in which, after the completion of the purpose of the interlocal agreement, any surplus money shall be returned in proportion to the contributions made by the participating parties. (m) The acceptance of gifts, grants, assistance funds, or bequests. (n) The making of claims for federal or state aid payable to the individual or several participants on account of the execution of the interlocal agreement. (o) The manner of responding for any liabilities that might be incurred through performance of the interlocal agreement and insuring against any such liability. (p) The adjudication of disputes or disagreements, the effects of failure of participating parties to pay their shares of the costs and expenses, and the rights of the other participants in such cases. (q) The manner in which strict accountability of all funds shall be provided for and the manner in which reports, including an annual independent audit, of all receipts and disbursements shall be prepared and presented to each participating party to the interlocal agreement. (r) Any other necessary and proper matters agreed upon by the participating public agencies. (6) An interlocal agreement may provide for one or more parties to the agreement to administer or execute the agreement. One or more parties to the agreement may agree to provide all or a part of the services set forth in the agreement in the manner provided in the agreement. The parties may provide for the mutual exchange of services without payment of any contribution other than such services. The parties may provide for the use or maintenance of facilities or equipment of another party on a cost‐reimbursement basis. (7)(a) An interlocal agreement may provide for a separate legal or administrative entity to administer or execute the agreement, which may be a commission, board, or council constituted pursuant to the agreement. (b) A separate legal or administrative entity created by an interlocal agreement shall possess the common power specified in the agreement and may exercise it in the manner or according to the method provided in the agreement. The entity may, in addition to its other powers, be authorized in its own name to make and enter into contracts; to employ agencies or employees; to acquire, construct, manage, maintain, or operate buildings, works, or improvements; to acquire, hold, or dispose of property; and to incur debts, liabilities, or obligations which do not constitute the debts, liabilities, or obligations of any of the parties to the agreement. (c) No separate legal or administrative entity created by an interlocal agreement shall possess the power or authority to levy any type of tax within the boundaries of any governmental unit participating in the interlocal agreement, to issue any type of bond in its own name, or in any way to obligate financially a governmental unit participating in the interlocal agreement. However, any separate legal entity, the membership of which consists only of electric utilities as defined in s. 361.11(2) and which is created for the purpose of exercising the powers granted by part II of chapter 361, the Joint Power Act, may, for the purpose of financing or refinancing the costs of an electric project, exercise all powers in connection with the authorization, issuance, and sale of bonds as are conferred by parts I, II, and III of chapter 159 or part II of chapter 166, or both. Any such entity may also issue bond anticipation notes, as provided by s. 215.431, in connection with the authorization, issuance, and sale of such bonds. All of the privileges, benefits, powers, and terms of parts I, II, and III of chapter 159 and part II of chapter 166, notwithstanding any limitations provided above, shall be fully applicable to such entity. In addition, the governing body of such legal entity may also authorize bonds to be issued and sold from time to time and delegate, to such officer, official, or agent of such legal entity as the governing body of such legal entity shall select, the power to determine the time; manner of sale, public or private; maturities; rate or rates of interest, which may be fixed or may vary at such time or times and in accordance with a specified formula or method of determination; and other terms and conditions as may be deemed appropriate by the officer, official, or agent so designated by the governing body of such legal entity. However, the amounts and maturities of such bonds and the interest rate or rates on such bonds shall be within the limits prescribed by the governing body of such legal entity in its resolution delegating to such officer, official, or agent the power to authorize the issuance and sale of such bonds. Bonds issued pursuant to this section may be validated as provided in chapter 75 and paragraph (15)(f). However, the complaint in any action 70 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 4/17 to validate such bonds shall be filed only in the Circuit Court for Leon County. The notice required to be published by s. 75.06 shall be published only in Leon County, and the complaint and order of the circuit court shall be served only on the State Attorney of the Second Judicial Circuit and on the state attorney of each circuit in which a public agency participating in the electric project lies. Notice of such proceedings shall be published in the manner and at the time required by s. 75.06 in Leon County and in each county in which any portion of any public agency participating in the electric project lies. (d) Notwithstanding the provisions of paragraph (c), any separate legal entity created pursuant to this section and controlled by the municipalities or counties of this state or by one or more municipality and one or more county of this state, the membership of which consists or is to consist of municipalities only, counties only, or one or more municipality and one or more county, may, for the purpose of financing or refinancing any capital projects, exercise all powers in connection with the authorization, issuance, and sale of bonds. Notwithstanding any limitations provided in this section, all of the privileges, benefits, powers, and terms of part I of chapter 125, part II of chapter 166, and part I of chapter 159 shall be fully applicable to such entity. Bonds issued by such entity shall be deemed issued on behalf of the counties or municipalities which enter into loan agreements with such entity as provided in this paragraph. Any loan agreement executed pursuant to a program of such entity shall be governed by the provisions of part I of chapter 159 or, in the case of counties, part I of chapter 125, or in the case of municipalities and charter counties, part II of chapter 166. Proceeds of bonds issued by such entity may be loaned to counties or municipalities of this state or a combination of municipalities and counties, whether or not such counties or municipalities are also members of the entity issuing the bonds. The issuance of bonds by such entity to fund a loan program to make loans to municipalities or counties or a combination of municipalities and counties with one another for capital projects to be identified subsequent to the issuance of the bonds to fund such loan programs is deemed to be a paramount public purpose. Any entity so created may also issue bond anticipation notes, as provided by s. 215.431, in connection with the authorization, issuance, and sale of such bonds. In addition, the governing body of such legal entity may also authorize bonds to be issued and sold from time to time and may delegate, to such officer, official, or agent of such legal entity as the governing body of such legal entity may select, the power to determine the time; manner of sale, public or private; maturities; rate or rates of interest, which may be fixed or may vary at such time or times and in accordance with a specified formula or method of determination; and other terms and conditions as may be deemed appropriate by the officer, official, or agent so designated by the governing body of such legal entity. However, the amounts and maturities of such bonds and the interest rate or rates of such bonds shall be within the limits prescribed by the governing body of such legal entity and its resolution delegating to such officer, official, or agent the power to authorize the issuance and sale of such bonds. A local government self‐ insurance fund established under this section may financially guarantee bonds or bond anticipation notes issued or loans made under this subsection. Bonds issued pursuant to this paragraph may be validated as provided in chapter 75. The complaint in any action to validate such bonds shall be filed only in the Circuit Court for Leon County. The notice required to be published by s. 75.06 shall be published only in Leon County, and the complaint and order of the circuit court shall be served only on the State Attorney of the Second Judicial Circuit and on the state attorney of each circuit in each county where the public agencies which were initially a party to the agreement are located. Notice of such proceedings shall be published in the manner and the time required by s. 75.06 in Leon County and in each county where the public agencies which were initially a party to the agreement are located. Obligations of any county or municipality pursuant to a loan agreement as described in this paragraph may be validated as provided in chapter 75. (e)1. Notwithstanding the provisions of paragraph (c), any separate legal entity, created pursuant to the provisions of this section and controlled by counties or municipalities of this state, the membership of which consists or is to consist only of public agencies of this state, may, for the purpose of financing the provision or acquisition of liability or property coverage contracts for or from one or more local government liability or property pools to provide liability or property coverage for counties, municipalities, or other public agencies of this state, exercise all powers in connection with the authorization, issuance, and sale of bonds. All of the privileges, benefits, powers, and terms of s. 125.01 relating to counties and s. 166.021 relating to municipalities shall be fully applicable to such 71 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 5/17 entity and such entity shall be considered a unit of local government for all of the privileges, benefits, powers, and terms of part I of chapter 159. Bonds issued by such entity shall be deemed issued on behalf of counties, municipalities, or public agencies which enter into loan agreements with such entity as provided in this paragraph. Proceeds of bonds issued by such entity may be loaned to counties, municipalities, or other public agencies of this state, whether or not such counties, municipalities, or other public agencies are also members of the entity issuing the bonds, and such counties, municipalities, or other public agencies may in turn deposit such loan proceeds with a separate local government liability or property pool for purposes of providing or acquiring liability or property coverage contracts. 2. Counties or municipalities of this state are authorized pursuant to this section, in addition to the authority provided by s. 125.01, part II of chapter 166, and other applicable law, to issue bonds for the purpose of acquiring liability coverage contracts from a local government liability pool. Any individual county or municipality may, by entering into interlocal agreements with other counties, municipalities, or public agencies of this state, issue bonds on behalf of itself and other counties, municipalities, or other public agencies, for purposes of acquiring a liability coverage contract or contracts from a local government liability pool. Counties, municipalities, or other public agencies are also authorized to enter into loan agreements with any entity created pursuant to subparagraph 1., or with any county or municipality issuing bonds pursuant to this subparagraph, for the purpose of obtaining bond proceeds with which to acquire liability coverage contracts from a local government liability pool. No county, municipality, or other public agency shall at any time have more than one loan agreement outstanding for the purpose of obtaining bond proceeds with which to acquire liability coverage contracts from a local government liability pool. Obligations of any county, municipality, or other public agency of this state pursuant to a loan agreement as described above may be validated as provided in chapter 75. Prior to the issuance of any bonds pursuant to subparagraph 1. or this subparagraph for the purpose of acquiring liability coverage contracts from a local government liability pool, the reciprocal insurer or the manager of any self‐insurance program shall demonstrate to the satisfaction of the Office of Insurance Regulation of the Financial Services Commission that excess liability coverage for counties, municipalities, or other public agencies is reasonably unobtainable in the amounts provided by such pool or that the liability coverage obtained through acquiring contracts from a local government liability pool, after taking into account costs of issuance of bonds and any other administrative fees, is less expensive to counties, municipalities, or special districts than similar commercial coverage then reasonably available. 3. Any entity created pursuant to this section or any county or municipality may also issue bond anticipation notes, as provided by s. 215.431, in connection with the authorization, issuance, and sale of such bonds. In addition, the governing body of such legal entity or the governing body of such county or municipality may also authorize bonds to be issued and sold from time to time and may delegate, to such officer, official, or agent of such legal entity as the governing body of such legal entity may select, the power to determine the time; manner of sale, public or private; maturities; rate or rates of interest, which may be fixed or may vary at such time or times and in accordance with a specified formula or method of determination; and other terms and conditions as may be deemed appropriate by the officer, official, or agent so designated by the governing body of such legal entity. However, the amounts and maturities of such bonds and the interest rate or rates of such bonds shall be within the limits prescribed by the governing body of such legal entity and its resolution delegating to such officer, official, or agent the power to authorize the issuance and sale of such bonds. Any series of bonds issued pursuant to this paragraph for liability coverage shall mature no later than 7 years following the date of issuance. A series of bonds issued pursuant to this paragraph for property coverage shall mature no later than 30 years following the date of issuance. 4. Bonds issued pursuant to subparagraph 1. may be validated as provided in chapter 75. The complaint in any action to validate such bonds shall be filed only in the Circuit Court for Leon County. The notice required to be published by s. 75.06 shall be published in Leon County and in each county which is an owner of the entity issuing the bonds, or in which a member of the entity is located, and the complaint and order of the circuit court shall be served only on the State Attorney of the Second Judicial Circuit and on the state attorney of each circuit in each county or municipality which is an owner of the entity issuing the bonds or in which a member of the entity is located. 72 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 6/17 5. Bonds issued pursuant to subparagraph 2. may be validated as provided in chapter 75. The complaint in any action to validate such bonds shall be filed in the circuit court of the county or municipality which will issue the bonds. The notice required to be published by s. 75.06 shall be published only in the county where the complaint is filed, and the complaint and order of the circuit court shall be served only on the state attorney of the circuit in the county or municipality which will issue the bonds. 6. The participation by any county, municipality, or other public agency of this state in a local government liability pool shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered regarding such a local government liability pool be required to contain any provision for waiver. (f) Notwithstanding anything to the contrary, any separate legal entity, created pursuant to the provisions of this section, wholly owned by the municipalities or counties of this state, the membership of which consists or is to consist only of municipalities or counties of this state, may exercise the right and power of eminent domain, including the procedural powers under chapters 73 and 74, if such right and power is granted to such entity by the interlocal agreement creating the entity. (g)1. Notwithstanding any other provisions of this section, any separate legal entity created under this section, the membership of which is limited to municipalities and counties of the state, and which may include a special district in addition to a municipality or county or both, may acquire, own, construct, improve, operate, and manage public facilities, or finance facilities on behalf of any person, relating to a governmental function or purpose, including, but not limited to, wastewater facilities, water or alternative water supply facilities, and water reuse facilities, which may serve populations within or outside of the members of the entity. Notwithstanding s. 367.171(7), any separate legal entity created under this paragraph is not subject to Public Service Commission jurisdiction. The separate legal entity may not provide utility services within the service area of an existing utility system unless it has received the consent of the utility. 2. For purposes of this paragraph, the term: a. “Host government” means the governing body of the county, if the largest number of equivalent residential connections currently served by a system of the utility is located in the unincorporated area, or the governing body of a municipality, if the largest number of equivalent residential connections currently served by a system of the utility is located within that municipality’s boundaries. b. “Separate legal entity” means any entity created by interlocal agreement the membership of which is limited to two or more special districts, municipalities, or counties of the state, but which entity is legally separate and apart from any of its member governments. c. “System” means a water or wastewater facility or group of such facilities owned by one entity or affiliate entities. d. “Utility” means a water or wastewater utility and includes every person, separate legal entity, lessee, trustee, or receiver owning, operating, managing, or controlling a system, or proposing construction of a system, who is providing, or proposes to provide, water or wastewater service to the public for compensation. 3. A separate legal entity that seeks to acquire any utility shall notify the host government in writing by certified mail about the contemplated acquisition not less than 30 days before any proposed transfer of ownership, use, or possession of any utility assets by such separate legal entity. The potential acquisition notice shall be provided to the legislative head of the governing body of the host government and to its chief administrative officer and shall provide the name and address of a contact person for the separate legal entity and information identified in s. 367.071(4)(a) concerning the contemplated acquisition. 4.a. Within 30 days following receipt of the notice, the host government may adopt a resolution to become a member of the separate legal entity, adopt a resolution to approve the utility acquisition, or adopt a resolution to prohibit the utility acquisition by the separate legal entity if the host government determines that the proposed acquisition is not in the public interest. A resolution adopted by the host government which prohibits the acquisition may include conditions that would make the proposal acceptable to the host government. b. If a host government adopts a membership resolution, the separate legal entity shall accept the host government as a member on the same basis as its existing members before any transfer of ownership, use, or 73 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 7/17 possession of the utility or the utility facilities. If a host government adopts a resolution to approve the utility acquisition, the separate legal entity may complete the acquisition. If a host government adopts a prohibition resolution, the separate legal entity may not acquire the utility within that host government’s territory without the specific consent of the host government by future resolution. If a host government does not adopt a prohibition resolution or an approval resolution, the separate legal entity may proceed to acquire the utility after the 30‐day notice period without further notice. 5. After the acquisition or construction of any utility systems by a separate legal entity created under this paragraph, revenues or any other income may not be transferred or paid to a member of a separate legal entity, or to any other special district, county, or municipality, from user fees or other charges or revenues generated from customers that are not physically located within the jurisdictional or service delivery boundaries of the member, special district, county, or municipality receiving the transfer or payment. Any transfer or payment to a member, special district, or other local government must be solely from user fees or other charges or revenues generated from customers that are physically located within the jurisdictional or service delivery boundaries of the member, special district, or local government receiving the transfer of payment. 6. This section is an alternative provision otherwise provided by law as authorized in s. 4, Art. VIII of the State Constitution for any transfer of power as a result of an acquisition of a utility by a separate legal entity from a municipality, county, or special district. 7. The entity may finance or refinance the acquisition, construction, expansion, and improvement of such facilities relating to a governmental function or purpose through the issuance of its bonds, notes, or other obligations under this section or as otherwise authorized by law. The entity has all the powers provided by the interlocal agreement under which it is created or which are necessary to finance, own, operate, or manage the public facility, including, without limitation, the power to establish rates, charges, and fees for products or services provided by it, the power to levy special assessments, the power to sell or finance all or a portion of such facility, and the power to contract with a public or private entity to manage and operate such facilities or to provide or receive facilities, services, or products. Except as may be limited by the interlocal agreement under which the entity is created, all of the privileges, benefits, powers, and terms of s. 125.01, relating to counties, and s. 166.021, relating to municipalities, are fully applicable to the entity. However, neither the entity nor any of its members on behalf of the entity may exercise the power of eminent domain over the facilities or property of any existing water or wastewater plant utility system, nor may the entity acquire title to any water or wastewater plant utility facilities, other facilities, or property which was acquired by the use of eminent domain after the effective date of this act. Bonds, notes, and other obligations issued by the entity are issued on behalf of the public agencies that are members of the entity. 8. Any entity created under this section may also issue bond anticipation notes in connection with the authorization, issuance, and sale of bonds. The bonds may be issued as serial bonds or as term bonds or both. Any entity may issue capital appreciation bonds or variable rate bonds. Any bonds, notes, or other obligations must be authorized by resolution of the governing body of the entity and bear the date or dates; mature at the time or times, not exceeding 40 years from their respective dates; bear interest at the rate or rates; be payable at the time or times; be in the denomination; be in the form; carry the registration privileges; be executed in the manner; be payable from the sources and in the medium or payment and at the place; and be subject to the terms of redemption, including redemption prior to maturity, as the resolution may provide. If any officer whose signature, or a facsimile of whose signature, appears on any bonds, notes, or other obligations ceases to be an officer before the delivery of the bonds, notes, or other obligations, the signature or facsimile is valid and sufficient for all purposes as if he or she had remained in office until the delivery. The bonds, notes, or other obligations may be sold at public or private sale for such price as the governing body of the entity shall determine. Pending preparation of the definitive bonds, the entity may issue interim certificates, which shall be exchanged for the definitive bonds. The bonds may be secured by a form of credit enhancement, if any, as the entity deems appropriate. The bonds may be secured by an indenture of trust or trust agreement. In addition, the governing body of the legal entity may delegate, to an officer, official, or agent of the legal entity as the governing body of the legal entity may select, the power to 74 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 8/17 determine the time; manner of sale, public or private; maturities; rate of interest, which may be fixed or may vary at the time and in accordance with a specified formula or method of determination; and other terms and conditions as may be deemed appropriate by the officer, official, or agent so designated by the governing body of the legal entity. However, the amount and maturity of the bonds, notes, or other obligations and the interest rate of the bonds, notes, or other obligations must be within the limits prescribed by the governing body of the legal entity and its resolution delegating to an officer, official, or agent the power to authorize the issuance and sale of the bonds, notes, or other obligations. 9. Bonds, notes, or other obligations issued under this paragraph may be validated as provided in chapter 75. The complaint in any action to validate the bonds, notes, or other obligations must be filed only in the Circuit Court for Leon County. The notice required to be published by s. 75.06 must be published in Leon County and in each county that is a member of the entity issuing the bonds, notes, or other obligations, or in which a member of the entity is located, and the complaint and order of the circuit court must be served only on the State Attorney of the Second Judicial Circuit and on the state attorney of each circuit in each county that is a member of the entity issuing the bonds, notes, or other obligations or in which a member of the entity is located. Section 75.04(2) does not apply to a complaint for validation brought by the legal entity. 10. The accomplishment of the authorized purposes of a legal entity created under this paragraph is in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions. Since the legal entity will perform essential governmental functions in accomplishing its purposes, the legal entity is not required to pay any taxes or assessments of any kind whatsoever upon any property acquired or used by it for such purposes or upon any revenues at any time received by it. The bonds, notes, and other obligations of an entity, their transfer, and the income therefrom, including any profits made on the sale thereof, are at all times free from taxation of any kind by the state or by any political subdivision or other agency or instrumentality thereof. The exemption granted in this subparagraph is not applicable to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations. (h)1. Notwithstanding the provisions of paragraph (c), any separate legal entity consisting of an alliance, as defined in s. 395.106(2)(a), created pursuant to this paragraph and controlled by and whose members consist of eligible entities comprised of special districts created pursuant to a special act and having the authority to own or operate one or more hospitals licensed in this state or hospitals licensed in this state that are owned, operated, or funded by a county or municipality, for the purpose of providing property insurance coverage as defined in s. 395.106(2)(b), for such eligible entities, may exercise all powers under this subsection in connection with borrowing funds for such purposes, including, without limitation, the authorization, issuance, and sale of bonds, notes, or other obligations of indebtedness. Borrowed funds, including, but not limited to, bonds issued by such alliance shall be deemed issued on behalf of such eligible entities that enter into loan agreements with such separate legal entity as provided in this paragraph. 2. Any such separate legal entity shall have all the powers that are provided by the interlocal agreement under which the entity is created or that are necessary to finance, operate, or manage the alliance’s property insurance coverage program. Proceeds of bonds, notes, or other obligations issued by such an entity may be loaned to any one or more eligible entities. Such eligible entities are authorized to enter into loan agreements with any separate legal entity created pursuant to this paragraph for the purpose of obtaining moneys with which to finance property insurance coverage or claims. Obligations of any eligible entity pursuant to a loan agreement as described in this paragraph may be validated as provided in chapter 75. 3. Any bonds, notes, or other obligations to be issued or incurred by a separate legal entity created pursuant to this paragraph shall be authorized by resolution of the governing body of such entity and bear the date or dates; mature at the time or times, not exceeding 30 years from their respective dates; bear interest at the rate or rates, which may be fixed or vary at such time or times and in accordance with a specified formula or method of determination; be payable at the time or times; be in the denomination; be in the form; carry the registration privileges; be executed in the manner; be payable from the sources and in the medium of payment and at the place; and be subject to redemption, including redemption prior to maturity, as the resolution may provide. The bonds, 75 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 9/17 notes, or other obligations may be sold at public or private sale for such price as the governing body of the separate legal entity shall determine. The bonds may be secured by such credit enhancement, if any, as the governing body of the separate legal entity deems appropriate. The bonds may be secured by an indenture of trust or trust agreement. In addition, the governing body of the separate legal entity may delegate, to such officer or official of such entity as the governing body may select, the power to determine the time; manner of sale, public or private; maturities; rate or rates of interest, which may be fixed or may vary at such time or times and in accordance with a specified formula or method of determination; and other terms and conditions as may be deemed appropriate by the officer or official so designated by the governing body of such separate legal entity. However, the amounts and maturities of such bonds, the interest rate or rates, and the purchase price of such bonds shall be within the limits prescribed by the governing body of such separate legal entity in its resolution delegating to such officer or official the power to authorize the issuance and sale of such bonds. 4. Bonds issued pursuant to this paragraph may be validated as provided in chapter 75. The complaint in any action to validate such bonds shall be filed only in the Circuit Court for Leon County. The notice required to be published by s. 75.06 shall be published in Leon County and in each county in which an eligible entity that is a member of an alliance is located. The complaint and order of the circuit court shall be served only on the State Attorney of the Second Judicial Circuit and on the state attorney of each circuit in each county in which an eligible entity receiving bond proceeds is located. 5. The accomplishment of the authorized purposes of a separate legal entity created under this paragraph is deemed in all respects for the benefit, increase of the commerce and prosperity, and improvement of the health and living conditions of the people of this state. Inasmuch as the separate legal entity performs essential public functions in accomplishing its purposes, the separate legal entity is not required to pay any taxes or assessments of any kind upon any property acquired or used by the entity for such purposes or upon any revenues at any time received by the entity. The bonds, notes, and other obligations of such separate legal entity, the transfer of and income from such bonds, notes, and other obligations, including any profits made on the sale of such bonds, notes, and other obligations, are at all times free from taxation of any kind of the state or by any political subdivision or other agency or instrumentality of the state. The exemption granted in this paragraph does not apply to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations. 6. The participation by any eligible entity in an alliance or a separate legal entity created pursuant to this paragraph may not be deemed a waiver of immunity to the extent of liability or any other coverage, and a contract entered regarding such alliance is not required to contain any provision for waiver. (8) If the purpose set forth in an interlocal agreement is the acquisition, construction, or operation of a revenue‐ producing facility, the agreement may provide for the repayment or return to the parties of all or any part of the contributions, payments, or advances made by the parties pursuant to subsection (5) and for payment to the parties of any sum derived from the revenues of such facility. Payments, repayments, or returns shall be made at any time and in the manner specified in the agreement and may be made at any time on or prior to the rescission or termination of the agreement or completion of the purposes of the agreement. (9)(a) All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pensions and relief, disability, workers’ compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of any public agency when performing their respective functions within the territorial limits for their respective agencies shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, or employees extraterritorially under the provisions of any such interlocal agreement. (b) An interlocal agreement does not relieve a public agency of any obligation or responsibility imposed upon it by law except to the extent of actual and timely performance thereof by one or more of the parties to the agreement or any legal or administrative entity created by the agreement, in which case the performance may be offered in satisfaction of the obligation or responsibility. (c) All of the privileges and immunities from liability and exemptions from laws, ordinances, and rules which apply to the municipalities and counties of this state apply to the same degree and extent to any separate legal 76 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 10/17 entity, created pursuant to the provisions of this section, wholly owned by the municipalities or counties of this state, the membership of which consists or is to consist only of municipalities or counties of this state, unless the interlocal agreement creating such entity provides to the contrary. All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules; and pension and relief, disability, and worker’s compensation, and other benefits which apply to the activity of officers, agents, employees, or employees of agents of counties and municipalities of this state which are parties to an interlocal agreement creating a separate legal entity pursuant to the provisions of this section shall apply to the same degree and extent to the officers, agents, or employees of such entity unless the interlocal agreement creating such entity provides to the contrary. (10)(a) A public agency entering into an interlocal agreement may appropriate funds and sell, give, or otherwise supply any party designated to operate the joint or cooperative undertaking such personnel, services, facilities, property, franchises, or funds thereof as may be within its legal power to furnish. (b) A public agency entering into an interlocal agreement may receive grants‐in‐aid or other assistance funds from the United States Government or this state for use in carrying out the purposes of the interlocal agreement. (11) Prior to its effectiveness, an interlocal agreement and subsequent amendments thereto shall be filed with the clerk of the circuit court of each county where a party to the agreement is located. However, if the parties to the agreement are located in multiple counties and the agreement under subsection (7) provides for a separate legal entity or administrative entity to administer the agreement, the interlocal agreement and any amendments thereto may be filed with the clerk of the circuit court in the county where the legal or administrative entity maintains its principal place of business. (12) Any public agency entering into an agreement pursuant to this section may appropriate funds and may sell, lease, give, or otherwise supply the administrative joint board or other legal or administrative entity created to operate the joint or cooperative undertaking by providing such personnel or services therefor as may be within its legal power to furnish. (13) The powers and authority granted by this section shall be in addition and supplemental to those granted by any other general, local, or special law. Nothing contained herein shall be deemed to interfere with the application of any other law. (14) This section is intended to authorize the entry into contracts for the performance of service functions of public agencies, but shall not be deemed to authorize the delegation of the constitutional or statutory duties of state, county, or city officers. (15) Notwithstanding any other provision of this section or of any other law except s. 361.14, any public agency of this state which is an electric utility, or any separate legal entity created pursuant to the provisions of this section, the membership of which consists only of electric utilities, and which exercises or proposes to exercise the powers granted by part II of chapter 361, the Joint Power Act, may exercise any or all of the following powers: (a) Any such public agency or legal entity, or both, may plan, finance, acquire, construct, reconstruct, own, lease, operate, maintain, repair, improve, extend, or otherwise participate jointly in one or more electric projects, which are proposed, existing, or under construction and which are located or to be located within or without this state, with any one or more of the following: 1. Any such legal entity; 2. One or more electric utilities; 3. One or more foreign public utilities; or 4. Any other person, if the right to full possession and to all of the use, services, output, and capacity of any such electric project during the original estimated useful life thereof is vested, subject to creditors’ rights, in any one or more of such legal entities, electric utilities, or foreign public utilities, or in any combination thereof. Any such public agency or legal entity, or both, may act as agent or designate one or more persons, whether or not participating in an electric project, to act as its agent in connection with the planning, design, engineering, licensing, acquisition, construction, completion, management, control, operation, maintenance, repair, renewal, addition, replacement, improvement, 77 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 11/17 modification, insuring, decommissioning, cleanup, retirement, or disposal, or all of the foregoing, of such electric project or electric projects. (b)1. In any case in which any such public agency or legal entity, or both, participate in an electric project with any one or more of the following: a. Any such legal entity; b. One or more electric utilities; c. One or more foreign public utilities; or d. Any other person, and if the right to full possession and to all of the use, services, output, and capacity of any such electric project during the original estimated useful life thereof is vested, subject to creditors’ rights, in any one or more of such legal entities, electric utilities, or foreign public utilities, or in any combination thereof, such public agency or legal entity, or both, may enter into an agreement or agreements with respect to such electric project with the other person or persons participating therein, and such legal entity may enter into an agreement or agreements with one or more public agencies who are parties to the interlocal agreement creating such legal entity. Any such agreement may be for such period, including, but not limited to, an unspecified period, and may contain such other terms, conditions, and provisions, consistent with the provisions of this section, as the parties thereto shall determine. In connection with entry into and performance pursuant to any such agreement, with the selection of any person or persons with which any such public agency or legal entity, or both, may enter into any such agreement, and with the selection of any electric project to which such agreement may relate, no such public agency or legal entity shall be required to comply with any general, local, or special statute, including, but not limited to, the provisions of s. 287.055, or with any charter provision of any public agency, which would otherwise require public bidding, competitive negotiation, or both. 2. Any such agreement may include, but need not be limited to, any or all of the following: a. Provisions defining what constitutes a default thereunder and providing for the rights and remedies of the parties thereto upon the occurrence of such a default, including, without limitation, the right to discontinue the delivery of products or services to a defaulting party and requirements that the remaining parties not in default who are entitled to receive products or services from the same electric project may be required to pay for and use or otherwise dispose of, on a proportionate or other basis, all or some portion of the products and services which were to be purchased by the defaulting party. b. Provisions granting one or more of the parties the option to purchase the interest or interests of one or more other parties in the electric project upon such occurrences, and at such times and pursuant to such terms and conditions, as the parties may agree, notwithstanding the limitations on options in the provisions of any law to the contrary. c. Provisions setting forth restraints on alienation of the interests of the parties in the electric project. d. Provisions for the planning, design, engineering, licensing, acquisition, construction, completion, management, control, operation, maintenance, repair, renewal, addition, replacement, improvement, modification, insuring, decommissioning, cleanup, retirement, or disposal, or all of the foregoing of such electric project by any one or more of the parties to such agreement, which party or parties may be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto or by such other means as may be determined by the parties thereto. e. Provisions for a method or methods of determining and allocating among or between the parties the costs of planning, design, engineering, licensing, acquisition, construction, completion, management, control, operation, maintenance, repair, renewal, addition, replacement, improvement, modification, insuring, decommissioning, cleanup, retirement, or disposal, or all of the foregoing with respect to such electric project. f. Provisions that any such public agency or legal entity, or both, will not rescind, terminate, or amend any contract or agreement relating to such electric project without the consent of one or more persons with which such public agency or legal entity, or both, have entered into an agreement pursuant to this section or without the 78 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 12/17 consent of one or more persons with whom any such public agency or legal entity, or both, have made a covenant or who are third‐party beneficiaries of any such covenant. g. Provisions whereby any such public agency or legal entity, or both, are obligated to pay for the products and services of such electric project and the support of such electric project, including, without limitation, those activities set forth in sub‐subparagraph d., without setoff or counterclaim and irrespective of whether such products or services are furnished, made available, or delivered to such public agency or legal entity, or both, or whether any electric project contemplated by such contract or agreement is completed, operable, or operating, and notwithstanding suspension, interruption, interference, reduction, or curtailment of the products and services of such electric project and notwithstanding the quality, or failure, of performance of any one or more of the activities set forth in sub‐subparagraph d. with respect to such electric project. h. Provisions that in the event of the failure or refusal of any such public agency or legal entity, or both, to perform punctually any specified covenant or obligation contained in or undertaken pursuant to any such agreement, any one or more parties to such agreement or any one or more persons who have been designated in such agreement as third‐party beneficiaries of such covenant or obligation may enforce the performance of such public agency or legal entity by an action at law or in equity, including, but not limited to, specific performance or mandamus. i. Provisions obligating any such public agency or legal entity, or both, to indemnify, including, without limitation, indemnification against the imposition or collection of local, state, or federal taxes and interest or penalties related thereto, or payments made in lieu thereof, to hold harmless, or to waive claims or rights for recovery, including claims or rights for recovery based on sole negligence, gross negligence, any other type of negligence, or any other act or omission, intentional or otherwise, against one or more of the other parties to such agreement. Such provisions may define the class or classes of persons for whose acts, intentional or otherwise, a party shall not be responsible; and all of such provisions may be upon such terms and conditions as the parties thereto shall determine. j. Provisions obligating any such public agency or legal entity, or both, not to dissolve until all principal and interest payments for all bonds and other evidences of indebtedness issued by such public agency or legal entity, or both, have been paid or otherwise provided for and until all contractual obligations and duties of such public agency or legal entity have been fully performed or discharged, or both. k. Provisions obligating any such public agency or legal entity, or both, to establish, levy, and collect rents, rates, and other charges for the products and services provided by such legal entity or provided by the electric or other integrated utility system of such public agency, which rents, rates, and other charges shall be at least sufficient to meet the operation and maintenance expenses of such electric or integrated utility system; to comply with all covenants pertaining thereto contained in, and all other provisions of, any resolution, trust indenture, or other security agreement relating to any bonds or other evidences of indebtedness issued or to be issued by any such public agency or legal entity; to generate funds sufficient to fulfill the terms of all other contracts and agreements made by such public agency or legal entity, or both; and to pay all other amounts payable from or constituting a lien or charge on the revenues derived from the products and services of such legal entity or constituting a lien or charge on the revenues of the electric or other integrated utility system of such public agency. l. Provisions obligating such legal entity to enforce the covenants and obligations of each such public agency with which such legal entity has entered into a contract or agreement with respect to such electric project. m. Provisions obligating such legal entity not to permit any such public agency to withdraw from such legal entity until all contractual obligations and duties of such legal entity and of each such public agency with which it has entered into a contract or agreement with respect to such electric project have been fully performed, discharged, or both. n. Provisions obligating each such public agency which has entered into a contract or agreement with such legal entity with respect to an electric project not to withdraw from, or cause or participate in the dissolution of, such legal entity until all duties and obligations of such legal entity and of each such public agency arising from all contracts and agreements entered into by such public agency or legal entity, or both, have been fully performed, discharged, or both. 79 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 13/17 o. Provisions obligating each such public agency which has entered into a contract or agreement with such legal entity or which has entered into a contract or agreement with any other person or persons with respect to such electric project to maintain its electric or other integrated utility system in good repair and operating condition until all duties and obligations of each such public agency and of each such legal entity arising out of all contracts and agreements with respect to such electric project entered into by each such public agency or legal entity, or both, have been fully performed, discharged, or both. 3. All actions taken by an agent designated in accordance with the provisions of any such agreement may, if so provided in the agreement, be made binding upon such public agency or legal entity, or both, without further action or approval by such public agency or legal entity, or both. Any agent or agents designated in any such agreement shall be governed by the laws and rules applicable to such agent as a separate entity and not by any laws or rules which may be applicable to any of the other participating parties and not otherwise applicable to the agent. (c) Any such legal entity may acquire services, output, capacity, energy, or any combination thereof only from: 1. An electric project in which it has an ownership interest; or 2. Any other source: a. To the extent of replacing the services, output, capacity, energy, or combination thereof of its share of an electric project when the output or capacity of such electric project is reduced or unavailable; or b. At any time and in any amount for resale to any of its members as necessary to meet their retail load requirements. However, under sub‐subparagraph 2.b., such legal entity may not purchase wholesale power for resale to any of its members from any electric utility as a result of any legal proceeding commenced by the legal entity or any of its members after January 1, 1982, before any state or federal court or administrative body, to the extent that such purchase or proceeding would involuntarily expand the responsibility of the electric utility to provide such wholesale power. (d) Any such legal entity may sell services, output, capacity, energy, or any combination thereof only to: 1. Its members to meet their retail load requirements; 2. Other electric utilities or foreign public utilities which have ownership interests in, or contractual arrangements which impose on such electric utilities or foreign public utilities obligations which are the economic equivalents of ownership interests in, the electric project from which such services, output, capacity, energy, or combination thereof is to be acquired; 3. Any other electric utility or foreign public utility to dispose of services, output, capacity, energy, or any combination thereof that is surplus to the requirements of such legal entity: a. If such surplus results from default by one or more of the members of such legal entity under a contract or contracts for the purchase of such services, output, capacity, energy, or combination thereof; and b. If the revenues from such contract or contracts are pledged as security for payment of bonds or other evidences of indebtedness issued by such legal entity or if such revenues are required by such legal entity to meet its obligations under any contract or agreement entered into by such legal entity pursuant to paragraph (b); 4. Any other electric utility or foreign public utility for a period not to exceed 5 years from the later to occur of the date of commercial operation of, or the date of acquisition by such legal entity of any ownership interest in or right to acquire services, output, capacity, energy, or any combination thereof from, the electric project from which such services, output, capacity, energy, or combination thereof is to be acquired, if: a. One or more members of such legal entity have contracted to purchase such services, output, capacity, energy, or combination thereof from such legal entity commencing upon the expiration of such period; and b. Such services, output, capacity, energy, or combination thereof, if acquired commencing at an earlier time, could have been reasonably predicted to create a surplus or surpluses in the electric system or systems of such member or members during such period, when added to services, output, capacity, energy, or any combination thereof available to such member or members during such period from facilities owned by such member or members or pursuant to one or more then‐existing firm contractual obligations which are not terminable prior to the end of such period without payment of a penalty, or both; or 80 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 14/17 5. Any combination of the above. Nothing contained in this paragraph shall prevent such legal entity from selling the output of its ownership interest in any such electric project to any electric utility or foreign public utility as emergency, scheduled maintenance, or economy interchange service. (e) All obligations and covenants of any such public agency or legal entity, or both, contained in any contract or agreement, which contract or agreement and obligations and covenants are authorized, permitted, or contemplated by this section, shall be the legal, valid, and binding obligations and covenants of the public agency or legal entity undertaking such obligations or making such covenants; and each such obligation or covenant shall be enforceable in accordance with its terms. (f) When contract payments by any such public agency contracting with any such legal entity or revenues of any such public agency contracting with any other person or persons with respect to an electric project are to be pledged as security for the payment of bonds or other evidences of indebtedness sought to be validated, the complaint for validation may make parties defendant to such action, in addition to the state and the taxpayers, property owners, and citizens of the county in which the complaint for validation is filed, including nonresidents owning property or subject to taxation therein: 1. Every public agency the contract payments of which are to be so pledged. 2. Any other person contracting with such public agency or legal entity, or both, in any manner relating to such electric project, and particularly with relation to any ownership or operation of any electric project; the supplying of electrical energy to such public agency or legal entity, or both; or the taking or purchase of electrical energy from the electric project. 3. The taxpayers, property owners, and citizens of each county or municipality in which each such public agency is located, including nonresidents owning property or subject to taxation therein, and the holders of any outstanding debt obligations of any such public agency or legal entity. All such parties who are made defendants and over whom the court acquires jurisdiction in such validation proceedings shall be required to show cause, if any exists, why such contract or agreement and the terms and conditions thereof should not be inquired into by the court, the validity of the terms thereof determined, and the matters and conditions which are imposed on the parties to such contract or agreement and all such undertakings thereof adjudicated to be valid and binding on the parties thereto. Notice of such proceedings shall be included in the notice of validation hearing required to be issued and published pursuant to the provisions of paragraph (7)(c); and a copy of the complaint in such proceedings, together with a copy of such notice, shall be served on each party defendant referred to in subparagraphs 1. and 2. who is made a defendant and over whom the court acquires jurisdiction in such validation proceedings. Any person resident of this state or any person not a resident of, or located within, this state, whether or not authorized to transact business in this state, who contracts with any such public agency or legal entity, or both, in any manner relating to such electric project, may intervene in the validation proceedings at or before the time set for the validation hearing and assert any ground or objection to the validity and binding effect of such contract or agreement on his or her own behalf and on behalf of any such public agency and of all citizens, residents, and property owners of the state. No appeal may be taken by any person who was not a party of record in such proceedings at the time the judgment appealed from was rendered. An adjudication as to the validity of any such contract or agreement from which no appeal has been taken within the time permitted by law from the date of entry of the judgment of validation or, if an appeal is filed, which is confirmed on appeal shall be forever conclusive and binding upon such legal entity and all such parties who are made defendants and over whom the court acquires jurisdiction in such validation proceedings. (g) Each such public agency or legal entity, or both, which contracts with any other person or persons with respect to the ownership or operation of any electric project, and each such public agency which contracts with any legal entity for the support of, or supply of, power from an electric project, is authorized to pledge to such other person or persons or such legal entity, or both, for the benefit of such electric project all or any portion of the revenues derived or to be derived: 81 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 15/17 1. In the case of any such public agency, from the ownership and operation of its electric or other integrated utility system; and 2. In the case of a legal entity, from the provision of products and services by it; and to pledge to such other person or persons or such legal entity, or both, for the benefit of such electric project any securities, contract rights, and other property. Each such legal entity is also authorized to pledge to, or for the benefit of, the holders of any bonds, notes, or other evidences of indebtedness issued by such legal entity, as security for the payment thereof, any revenues, securities, contract rights, or other property. Any such pledge shall specify the priority and ranking of such pledge in respect of other pledges, if any, of the same revenues, securities, contract rights, or other property by such public agency or legal entity. Any pledge of revenues, securities, contract rights, or other property made by any such public agency or legal entity, or both, pursuant to this section shall be valid and binding from the date the pledge is made. The revenues, securities, contract rights, or other property so pledged and then held or thereafter received by such public agency or legal entity, or any fiduciary, or such other person or persons shall immediately be subject to the lien of the pledge without any physical delivery thereof or further act; and the lien of the pledge shall be valid and binding as against all parties having claims of any kind in tort, in contract, or otherwise against the public agency or legal entity making such pledge, without regard to whether such parties have notice thereof. The resolution, trust indenture, security agreement, or other instrument by which a pledge is created need not be filed or recorded in any manner. (h) Any such legal entity is authorized and empowered to sue and be sued in its own name. In the event that any such public agency or legal entity enters into a contract or an agreement with respect to an electric project located in another state, or owns an interest in an electric project located in another state, an action against such public agency or legal entity may be brought in the federal or state courts located in such state. (i) The provisions of this subsection shall be liberally construed to effect the purposes hereof. The powers conferred by the provisions of this subsection shall be in addition and supplementary to the powers conferred by the other provisions of this section, by any other general, local, or special law, or by any charter of any public agency. When the exercise of any power conferred on any public agency or any legal entity by the provisions of this subsection would conflict with any limitation or requirement upon such public agency or such legal entity contained in the other provisions of this section, in any other general, local, or special law, except s. 361.14, or in the charter of such public agency, such limitation or requirement shall be superseded by the provisions of this subsection for the purposes of the exercise of such power pursuant to the provisions of this subsection. (j) While any bonds or other evidences of indebtedness issued by any such public agency or any such legal entity pursuant to the authority granted by paragraph (7)(c) or other applicable law remain outstanding, or while any such public agency or any such legal entity has any undischarged duties or obligations under any contract or agreement, including, but not limited to, obligations to any operator or joint owner of any electric project, the powers, duties, or existence of such public agency or such legal entity or of its officers, employees, or agents shall not be diminished, impaired, or affected in any manner which will affect materially and adversely the interests and rights of the owners of such bonds or other evidences of indebtedness or the persons to whom such duties or obligations are owed under such contract or agreement. The provisions of this subsection shall be for the benefit of the state, each such public agency, each such legal entity, every owner of the bonds of each such legal entity or public agency, and every other person to whom such public agency or such legal entity owes a duty or is obligated by contract or agreement; and, upon and after the earlier of the execution and delivery by any public agency or legal entity, pursuant to this section, of any contract or agreement to any person with respect to an electric project, or the issuance of such bonds or other evidences of indebtedness, the provisions of this subsection shall constitute an irrevocable contract by the state with the owners of the bonds or other evidences of indebtedness issued by such public agency or legal entity and with the other person or persons to whom any such public agency or legal entity owes a duty or is obligated by any such contract or agreement. (k) The limitations on waiver in the provisions of s. 768.28 or any other law to the contrary notwithstanding, the Legislature, in accordance with s. 13, Art. X of the State Constitution, hereby declares that any such legal entity or any public agency of this state that participates in any electric project waives its sovereign immunity to: 82 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 16/17 1. All other persons participating therein; and 2. Any person in any manner contracting with a legal entity of which any such public agency is a member, with relation to: a. Ownership, operation, or any other activity set forth in sub‐subparagraph (b)2.d. with relation to any electric project; or b. The supplying or purchasing of services, output, capacity, energy, or any combination thereof. (l) Notwithstanding the definition of “electric project” contained in paragraph (3)(d), or any other provision of this subsection or of part II of chapter 361 limiting the parties which may participate jointly in electric projects, any public agency of this state which is an electric utility, or any separate legal entity created pursuant to the provisions of this section, the membership of which consists only of electric utilities, and which exercises or proposes to exercise the powers granted by part II of chapter 361, may exercise any or all of the powers provided in this subsection jointly with any other person with respect to the acquisition, extraction, conversion, use, transportation, storage, reprocessing, disposal, or any combination thereof of any primary fuel or source thereof, as well as any other materials resulting therefrom, only when such primary fuel or source thereof is to be used for the generation of electrical energy in one or more electric projects by such legal entity, any member thereof, or any combination thereof; and, in connection therewith, any such public agency or legal entity shall be deemed to have all the additional powers, privileges, and rights provided in this subsection. (m) In the event that any public agency or any such legal entity, or both, should receive, in connection with its joint ownership or right to the services, output, capacity, or energy of an electric project, as defined in paragraph (3)(d), any material which is designated by the person supplying such material as proprietary confidential business information or which a court of competent jurisdiction has designated as confidential or secret shall be kept confidential and shall be exempt from the provisions of s. 119.07(1). As used in this paragraph, “proprietary confidential business information” includes, but is not limited to, trade secrets; internal auditing controls and reports of internal auditors; security measures, systems, or procedures; information concerning bids or other contractual data, the disclosure of which would impair the efforts of the utility to contract for services on favorable terms; employee personnel information unrelated to compensation, duties, qualifications, or responsibilities; and formulas, patterns, devices, combinations of devices, contract costs, or other information the disclosure of which would injure the affected entity in the marketplace. (16)(a) All of the additional powers and authority granted by chapter 82‐53, Laws of Florida, to a public agency as defined in paragraph (3)(b), a legal entity created pursuant to the provisions of this section, or both, respecting agreements for participation in electric projects shall apply to any agreement in existence as of March 25, 1982, as well as to any such agreement entered into thereafter; but no additional limitation provided in chapter 82‐53 upon any power or authority of any such public agency or legal entity, or both, respecting agreements for participation in electric projects shall apply to any such agreement entered into prior to March 25, 1982. (b) Chapter 82‐53, Laws of Florida, shall be deemed to be enacted for the purpose of further implementing the provisions of s. 10(d), Art. VII of the State Constitution, as amended. (17) In any agreement entered into pursuant to this section, any public agency or separate legal entity created by interlocal agreement may, in its discretion, grant, sell, donate, dedicate, lease or otherwise convey, title, easements or use rights in real property, including tax‐reverted real property, title to which is in such public agency or separate legal entity, to any other public agency or separate legal entity created by interlocal agreement. Any public agency or separate legal entity created by interlocal agreement is authorized to grant such interests in real property or use rights without consideration when in its discretion it is determined to be in the public interest. Real property and interests in real property granted or conveyed to such public agency or separate legal entity shall be for the public purposes contemplated in the interlocal agreement and may be made subject to the condition that in the event that said real property or interest in real property is not so used, or if used and subsequently its use for such purpose is abandoned, the interest granted shall cease as to such public agency or separate legal entity and shall automatically revert to the granting public agency or separate legal entity. 83 of 106 4/10/2017 Statutes & Constitution :View Statutes : Online Sunshine http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0100­0199/0163/Sections/0163.01.html 17/17 (18) Any separate legal entity created under subsection (7) which has member public agencies located in at least five counties, of which at least three are not contiguous, may conduct public meetings and workshops by means of communications media technology. The notice for any such public meeting or workshop shall state that the meeting or workshop will be conducted through the use of communications media technology; specify how persons interested in attending may do so; and provide a location where communications media technology facilities are available. The participation by an officer, board member, or other representative of a member public agency in a meeting or workshop conducted through communications media technology constitutes that individual’s presence at such meeting or workshop. As used in this subsection, the term “communications media technology” means conference telephone, video conference, or other communications technology by which all persons attending a public meeting or workshop may audibly communicate. History.—ss. 1, 2, ch. 69‐42; ss. 11, 18, 35, ch. 69‐106; s. 1, ch. 79‐24; ss. 1, 2, ch. 79‐31; s. 61, ch. 79‐40; s. 68, ch. 81‐259; ss. 1, 7, 8, ch. 82‐53; s. 45, ch. 83‐217; s. 21, ch. 85‐55; s. 1, ch. 87‐9; s. 6, ch. 87‐237; s. 46, ch. 88‐130; ss. 33, 34, ch. 90‐360; s. 83, ch. 91‐45; s. 11, ch. 93‐51; s. 896, ch. 95‐147; s. 45, ch. 96‐406; s. 19, ch. 97‐236; s. 61, ch. 99‐2; s. 23, ch. 99‐251; s. 1, ch. 2001‐201; s. 72, ch. 2002‐295; s. 156, ch. 2003‐261; s. 10, ch. 2004‐5; s. 1, ch. 2004‐336; s. 6, ch. 2006‐218; s. 1, ch. 2006‐220; s. 1, ch. 2007‐1; s. 1, ch. 2007‐90; s. 1, ch. 2008‐43; s. 1, ch. 2012‐164. Copyright © 1995‐2017 The Florida Legislature • Privacy Statement • Contact Us 84 of 106 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 14, 2017 Item Type: Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: 1st Reading 2nd Reading X Public Hearing: Yes No Yes No Funding Source: Citizens’ Independent Transportation Trust - Transit Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A X Sponsor Name Cameron D. Benson, City Manager Department: Public Works Department Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST TO RESPECTIVELY THAT CERTAIN INTERLOCAL AGREEMENT WITH THE MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION, FOR THE NORTH CORRIDOR IMPLEMENTATION PLAN, ATTACHED HERETO AS EXHIBIT “A”; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background: On February 16, 2016, the Miami-Dade TPO (Transportation Planning Organization) Governing Board unanimously approved a policy to set as “highest priority” the advancement of rapid transit corridors and transit supportive projects for the county. Then, on April 21, 2016, the Miami-Dade TPO Governing Board officially adopted and endorsed the proposed Strategic Miami Area Rapid Transit (SMART) Plan. North Corridor is one of the six SMART Plan corridors, and the TPO will be conducting an Implementation Plan along each of the six corridors with participation and collaboration of all municipalities along the project corridors. The County’s support for this plan is the People’s Transportation Plan (PTP) that is funded by the Citizens’ Independent Transportation Trust. Agenda Item K-6 North Corridor Implementation Plan Agreement w/M-DC TPO 85 of 106 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Analysis: The NW 27th Avenue Enhanced Bus Service (EBS) corridor extends 13 miles from the Miami Intermodal Center (MIC), located adjacent to Miami International Airport, north along NW 27th Avenue from State (SR) 112 (Airport Expressway) to NW 215th Street at the Broward County Line. At the southern end of the corridor, the MIC serves as an intermodal transportation terminal providing connectivity between Metrorail, Metro bus, Miami International Airport (MIA) via the MIA Mover, Tri-Rail (commuter rail), Amtrak (intercity rail), and Greyhound (intercity bus). Along the corridor, the EBS will connect the cities of Miami, Opa-Locka and Miami Gardens and major activity centers including the Miami-Dade College North Campus (MDC), North Dade Health Center, St. Thomas University, Florida Memorial College, Miami Jobs Corps Center, Hard Rock Stadium, and the Calder Race Course. At the northern end of the project corridor, a new transit terminal and park-and-ride facility will be constructed along NW 215th Street to serve as a transit terminal for the NW 27th Avenue EBS as well as local MDT Metro bus routes and Broward County Transit (BCT) routes. The long-term vision includes the addition of transit-oriented development (TOD) at the NW 215th Street transit terminal. Current Situation: This item is for the City to enter into a multi-agency partnership to advance efforts in connection with the Strategic Miami Area Rapid Transit (SMART) Plan which identifies the North Corridor as one of six rapid transit priority corridors, for the development of an implementation plan. Since this project was approved under the Miami-Dade People’s Transportation Plan, the TPO is requesting that the City contribute $35,280 of its CITT funding, which is 4.2% of the initial cost, to fund the North Corridor Implementation Plan. Fiscal Impact: Miami Gardens CITT funds in the amount of $35,280 are available. Proposed Action: That the City Council approve the attached resolution authorizing the City Manager to execute an Interlocal Agreement with Miami-Dade Transportation Planning Organization and approve funding from the Citizens’ Independent Transportation Trust Funds in the amount of $35,280 as the City Miami Gardens’ contribution towards the North Corridor Implementation Plan. Attachment: Attachment A – Interlocal Agreement 86 of 106 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER AND THE CITY CLERK TO EXECUTE AND ATTEST 5 TO RESPECTIVELY THAT CERTAIN INTERLOCAL AGREEMENT 6 WITH THE MIAMI-DADE TRANSPORTATION PLANNING 7 ORGANIZATION, FOR THE NORTH CORRIDOR 8 IMPLEMENTATION PLAN, ATTACHED HERETO AS EXHIBIT “A”; 9 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 10 PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, on February 16, 2016, the Miami-Dade Transportation Planning 13 Organization (TPO) Governing Board unanimously approved a policy to set as “highest 14 priority” the advancement of rapid transit corridors and transit supportive projects for the 15 County, and 16 WHEREAS, on April 21, 2016, the TPO officially adopted and endorsed the 17 proposed Strategic Miami Area Rapid Transit (SMART) Plan, and 18 WHEREAS, the North Corridor is one of the six SMART Plan corridors, and 19 WHEREAS, the TPO will be conducting an Implementation Plan along each of 20 the six corridors with participation and collaboration of all municipalities along the 21 project corridors, and 22 WHEREAS, the Northwest 27th Avenue Enhanced Bus Service (EBS) corridor 23 extends thirteen (13) miles, from the Miami Intermodal Center (MIC), which is located 24 adjacent to Miami International Airport, north along Northwest 27th Avenue from State 25 Road 112, to Northwest 215th Street at the Broward County Line, and 26 WHEREAS, at the southern end of the corridor, the MIC serves as an intermodal 27 transportation terminal, providing connectivity between Metrorail, Metro Bus, the MIA 28 Mover, Tri-Rail, Amtrak, and Greyhound, and 29 WHEREAS, the EBS will connect the cities of Miami, Opa-Locka, and Miami 30 Gardens, and major activity centers including the Miami-Dade College North Campus, 31 87 of 106 2 North Dade Health Center, St. Thomas University, Florida Memorial College, Miami 32 Jobs Corps Center, Hard Rock Stadium, and the Calder Race Course, and 33 WHEREAS, at the northern end of the project corridor, a new transit terminal and 34 park-and-ride facility will be constructed along Northwest 215th Street to serve as a 35 transit terminal for the Northwest 27th Avenue EBS, as well as local Metro Bus routes, 36 and Broward County Transit routes, and 37 WHEREAS, the TPO is requesting that the City contribute Thirty-Five Thousand 38 Two Hundred Eighty Dollars ($35,280) of its Citizens’ Independent Transportation Trust 39 Funds (CITT), which is 4.2% of the initial cost, to fund the North Corridor 40 Implementation Plan, and 41 WHEREAS, Staff recommends that the City Council authorize the City Manager 42 to execute an Interlocal Agreement with Miami-Dade Transportation Planning 43 Organization, and approve funding from the CITT for that purpose, 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 46 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 47 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 48 made a specific part of this Resolution. 49 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 50 hereby authorizes the authorizing the City Manager and the City Clerk to Execute and 51 attest to respectively that certain Interlocal Agreement with the Miami-Dade 52 Transportation Planning Organization, for the North Corridor Implementation Plan, 53 attached hereto as Exhibit “A”. 54 88 of 106 3 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 55 upon its final passage. 56 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 57 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 58 59 ___________________________________ 60 OLIVER GILBERT, III, MAYOR 61 62 63 ATTEST: 64 65 66 __________________________________ 67 RONETTA TAYLOR, MMC, CITY CLERK 68 69 70 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 71 72 73 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 74 75 Moved by: __________________ 76 77 VOTE: _________ 78 79 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 80 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 81 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 82 Councilman Rodney Harris ____ (Yes) ____ (No) 83 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 84 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 85 Councilman David Williams Jr ____ (Yes) ____ (No) 86 87 89 of 106 INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this _______ day of ________________, 2017, by and between the Miami-Dade Transportation Planning Organization (TPO), hereinafter called the TPO and the CITY OF MIAMI GARDENS; CITY OF OPA-LOCKA; and MIAMI-DADE COUNTY, FLORIDA, collectively known as the “Parties.” W I T N E S S E T H: ARTICLE 1.00: The PARTIES do hereby recognize the importance of entering into a multi-agency partnership to advance efforts in connection with the Strategic Miami Area Rapid Transit (SMART) Plan which identifies the NORTH CORRIDOR as one of six rapid transit priority corridors, for the development of an IMPLEMENTATION PLAN, as described in Article 3.00 recited herein. ARTICLE 2.00: The Parties wish to continue the efforts already underway to improve regional mobility along the referenced rapid transit corridor. This has involved extensive collaboration and coordination among the stakeholders. In addition to the Project Development and Environmental (PD&E) study, other activities are required to support this effort, as described below. ARTICLE 3.00: The purpose of this agreement is to develop a multi-agency partnership for undertaking the following activities to support the North Corridor Implementation plan, including but not limited to: 1. Develop a local corridor vision plan to enhance mobility, accessibility and connectivity along the corridor. 2. Develop a community engagement plan to look for input and consensus of businesses, residents and elected officials. 3. Promote the economic development along the corridor. 4. Participate in charrettes and public meetings to inform the community. 5. Establish a Project Advisory Team (PAT) with the participation of all PARTIES to work collaboratively to promote the advancement of rapid transit development along the North Corridor. a. The TPO Executive Director or Executive Director’s designee shall appoint a representative from each involved Party, as well as, any other transportation partner, as needed. b. The PAT will provide guidance for the development of the activities listed above and will serve as a liaison to their respective entities. 90 of 106 2 c. All Parties shall assist and provide available information to support the efforts to be conducted along the corridor. d. The PAT will coordinate public outreach events with the community, municipalities, and other involved stakeholders; 6. Reach consensus on key project issues and work cooperatively towards resolving any conflicts that may arise. ARTICLE 4.00: The PARTIES agree that the TPO will be the lead agency for the development of the Implementation Plan. ARTICLE 5.00: During the performance of this agreement, the TPO will be responsible for the assignment of Consultant(s) to conduct any planning work along the referenced rapid transit corridor. The selected consultant(s) shall comply with all requirements under Title VI (Civil Rights Act of 1964), up to and including the standard appendices of the TPO Title VI and Non-Discrimination Assurances. ARTICLE 6.00: The PARTIES agrees to fund the Implementation Plan as per Article 10.00 of this Agreement. 1. The contribution by each Party is as follows: a. TPO shall contribute $396,060, or 47.15% of the project funding. b. Miami-Dade County shall contribute $396,060, or 47.15% of the project funding. c. City of Miami Gardens shall contribute $35,280 or 4.2% of the initial project funding. d. City of Opa-Locka shall contribute $12,600 or 1.5% of the initial project funding. 2. In the event that the entire amount is not expended, the funds will be returned to the respective party based on the above percentages. 3. In the event that the entire amount is not enough to cover the initial project activities cost, the TPO shall provide detailed information as to the need for additional funding, and will request funding from the Parties according to the above percentages. ARTICLE 7.00: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. ARTICLE 8.00: The PARTIES agrees that they shall make no press releases or publicity releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data or other 91 of 106 3 information obtained or furnished in compliance with this Agreement, or any particulars thereof, except as otherwise required by law, during the period of this Agreement, without first notifying the TPO Executive Director or Executive Director’s designee and securing consent. In the event that the PARTIES wishes to issue a press release or publicity release, the PARTIES shall seek consent from the TPO Executive Director or Executive Director’s designee prior to release by providing a copy of the draft release. The TPO Executive Director or Executive Director’s designee shall reply to the request of the PARTIES within one business day. The PARTIES also agrees that it shall not copyright or patent any of the data and/or information furnished in compliance with this Agreement, it being understood that, under Article 8.00 hereof, such data or information is the property of the TPO. This Section shall not be construed to limit or restrict public access to documents, papers, letters or other material pursuant to Article 7.10 of this Agreement. ARTICLE 9.00: The TPO shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure. Any contract, verbal or written, made in violation of this subsection shall be null and void, and no money shall be paid on such contract. ARTICLE 10.00: The TPO shall invoice 100% of each PARTIES contribution as specified in Article 6.00 of this Agreement. ARTICLE 11.00: Standards of Conduct - Conflict of Interest – the TPO covenants and agrees that it, its employees, and its contractors shall be bound by the standards of conduct provided in Florida Statutes 112.313 as it relates to work performed under this Agreement, which standards will be reference be made a part of this Agreement as though set forth in full. ARTICLE 12.00: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. ARTICLE 13.00: No alteration, change or modification of the terms of this Agreement shall be valid unless made in writing, signed by all parties hereto, and approved by the Governing Board of the Transportation Planning Organization. This Agreement, regardless of where executed, shall be governed by and construed according to the laws of the State of Florida and venue shall be in Miami-Dade County, Florida. 92 of 106 4 IN WITNESS WHEREOF, the parties hereto have executed these presents this ________ day of __________________, 2017. FOR MIAMI-DADE TPO: ATTEST: Miami-Dade TPO Clerk of the Board By: _____________________________ By: ___________________________ Aileen Bouclé, Executive Director Zainab Salim Date: ____________________________ Date: __________________________ Approved as to Form and Legal Sufficiency By: __________________________________ Assistant County Attorney Date: _________________________________ ATTEST: PARTIES Miami-Dade County Legal Review By:_______________________________ By:_______________________________ Name:_____________________________ Title:______________________________ Date:______________________________ City of Miami Gardens Legal Review By:_______________________________ By:_______________________________ Name:_____________________________ Title:______________________________ Date:______________________________ 93 of 106 5 City of Opa-Locka Legal Review By:_______________________________ By:_______________________________ Name:_____________________________ Title:______________________________ Date:______________________________ 94 of 106 18605 NW 27th Ave Miami Gardens, Florida 33056 City of Miami Gardens Agenda Cover Memo Council Meeting Date: June 14, 2017 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: General Fund- Information Technology Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor Name: Cameron D. Benson, City Manager Department: Information Technology/Police Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO SUPERION, LLC., FOR SOFTWARE FOR THE POLICE DEPARTMENT IN THE AMOUNT OF TWO HUNDRED THOUSAND NINE HUNDRED TWENTY- ONE DOLLARS AND FORTY-FOUR CENTS ($200,921.44), FOR THIS PURPOSE; PROVIDING FOR THE ADOPTION OF REPRESENTATION; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The Miami Gardens Police Department utilizes OSSI software from Superion LLC (formly known as Sungard Public Sector LLC) as their main operational software package. The original contract requires the City to renew the software on an annual basis. The OSSI software contains modules for the Records Management System, Computer Aided Dispatch System, as well as various other modules which assist with officer reporting and efficiency. The City’s contract with Superion LLC states that each year’s renewal price cannot exceed a 5% increase from the previous year’s cost. Last year the cost to the City was $195,067.97. This year the cost for annual renewal of the licenses is $200,921.44. This is an increase of $5853.47, which is a 3% increase. Agenda Item K-7 PO to Superion for software for PD 95 of 106 18605 NW 27th Ave Miami Gardens, Florida 33056 Fiscal Impact The FY 2018 budget provided a funding of $198,070, short by $1,952 of the renewal amount. However, there is surplus in other operating line items that can address this deficit. Proposed Action: It is recommended that City Council approve the attached resolution authorizing the City Manager to issue a purchase order in the amount of $200,921.44 to Superion LLC for OSSI software use in the Miami Gardens Police Department. Attachment: Attachment A – 2017 Invoice 96 of 106 RESOLUTION NO. 2017____ 1 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY 4 MANAGER TO ISSUE A PURCHASE ORDER TO SUPERION, 5 LLC., FOR SOFTWARE FOR THE POLICE DEPARTMENT IN 6 THE AMOUNT OF TWO HUNDRED THOUSAND NINE HUNDRED 7 TWENTY-ONE DOLLARS AND FORTY-FOUR CENTS 8 ($200,921.44), FOR THIS PURPOSE; PROVIDING FOR THE 9 ADOPTION OF REPRESENTATION; PROVIDING AN EFFECTIVE 10 DATE. 11 12 WHEREAS, the City of Miami Gardens Police Department utilizes Open Software 13 Solutions, Inc. (OSSI) software, from Superion, LLC (Superion), formerly known as 14 Sungard HTE, Inc., as their main operational software package, and 15 WHEREAS, the initial contract was for support maintenance for thirteen (13) 16 months from the delivery date, and the license program support agreement renews on a 17 continuous contract year-to-Contract year basis without interruption, and 18 WHEREAS, the OSSI software contains modules for the Records Management 19 System, Computer Aided Dispatch System, as well as various other modules which 20 assist with officer reporting and efficiency, and 21 WHEREAS, the City’s contract with Superion states that each year’s renewal 22 price cannot exceed a five percent (5%) increase from the previous year’s cost, and 23 WHEREAS, this year the cost for the renewal of the software license is Two 24 Hundred Thousand Nine Hundred Twenty-One Dollars and Forty-Four Cents 25 ($200,921.44), which represents a three percent (3%) increase from the previous year’s 26 software costs, and 27 WHEREAS, City Staff recommends renewal of the Agreement with Superion for 28 an additional one (1) year term, and 29 97 of 106 2 WHEREAS, Staff also recommends the City Council authorize the City Manager 30 to issue a purchase order in the amount of Two Hundred Thousand Nine Hundred 31 Twenty-One Dollars and Forty-Four Cents ($200,921.44) for that purpose, 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 34 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 35 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 36 made a specific part of this Resolution. 37 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 38 hereby authorizes the City Manager and the City Clerk to execute and attest, 39 respectively to that certain Agreement with Superion, LLC, for computer-aided dispatch 40 system, a records management system and a mobile data computing system for the 41 Police Department. The City Manager is further authorized to issue a purchase order in 42 the amount of Two Hundred Thousand Nine Hundred Twenty-One Dollars and Forty-43 Four Cents ($200,921.44) for these services. 44 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 45 upon its final passage. 46 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 47 GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2017. 48 49 ___________________________________ 50 OLIVER GILBERT, III, MAYOR 51 52 53 ATTEST: 54 98 of 106 3 55 56 __________________________________ 57 RONETTA TAYLOR, MMC, CITY CLERK 58 59 60 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 61 62 63 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 64 65 Moved by: __________________ 66 67 VOTE: _________ 68 69 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) 70 Vice Mayor Erhabor Ighodaro, Ph.D. ____ (Yes) ____ (No) 71 Councilwoman Lisa C. Davis ____ (Yes) ____ (No) 72 Councilman Rodney Harris ____ (Yes) ____ (No) 73 Councilwoman Lillie Q. Odom ____ (Yes) ____ (No) 74 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 75 Councilman David Williams Jr ____ (Yes) ____ (No) 76 77 99 of 106 100 of 106 101 of 106 Document NoDate Page 13543330/Mar/2017 1 of 5 Ship To:Bill To: Customer Grp/No.Currency Terms Due Date 5775LG 29/Apr/2017USD SKU Code/Description/Comment Units Rate Extended Miami Gardens Police 18611 NW 27th Avenue MIAMI GARDENS, FL 33056 United States Attn: Tristan Lattibeaudiere 305-622-8000 Miami Gardens Police 18611 NW 27th Avenue MIAMI GARDENS, FL 33056 United States Attn: Tristan Lattibeaudiere 305-622-8000 Company LG 1 Customer Name Miami Gardens Police Invoice No Customer PO Number NET30 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com Contract No.070186 1 1.00 14,372.04 14,372.04 OSSI Base Computer Aided Dispatch System Maintenance Start: 01/May/2017, End: 30/Apr/2018 2 1.00 1,136.53 1,136.53 ONESolution CAD Map Display and Map Maintenance Software License Maintenance Start: 01/May/2017, End: 30/Apr/2018 3 3.00 413.30 1,239.90 ONESolution Additional CAD Map Display & Map Maintenance Client License Maintenance Start: 01/May/2017, End: 30/Apr/2018 4 1.00 19,929.61 19,929.61 OSSI Client Base Records Management System Maintenance Start: 01/May/2017, End: 30/Apr/2018 5 1.00 1,506.20 1,506.20 OSSI Notification Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 6 1.00 1,010.27 1,010.27 OSSI Basic Accident Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 7 1.00 1,010.27 1,010.27 OSSI Property and Evidence Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 8 1.00 1,561.30 1,561.30 OSSI Bar Coding Server License Maintenance Start: 01/May/2017, End: 30/Apr/2018 9 1.00 292.96 292.96 OSSI Bar Coding Hand-Held Client License (Each) Maintenance Start: 01/May/2017, End: 30/Apr/2018 10 1.00 2,755.24 2,755.24 OSSI RMS Map Display and Pin Mapping License Maintenance Start: 01/May/2017, End: 30/Apr/2018 11 1.00 1,010.27 1,010.27 OSSI - QuarterMaster Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 12 1.00 275.51 275.51 OSSI Fleet Vehicle Maintenance Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 13 1.00 642.90 642.90 OSSI Training Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 14 1.00 918.41 918.41 OSSI Accident Wizard Base Server License Page Total 47,661.41 102 of 106 Document NoDate Page 13543330/Mar/2017 2 of 5 Ship To:Bill To: Customer Grp/No.Currency Terms Due Date 5775LG 29/Apr/2017USD SKU Code/Description/Comment Units Rate Extended Miami Gardens Police 18611 NW 27th Avenue MIAMI GARDENS, FL 33056 United States Attn: Tristan Lattibeaudiere 305-622-8000 Miami Gardens Police 18611 NW 27th Avenue MIAMI GARDENS, FL 33056 United States Attn: Tristan Lattibeaudiere 305-622-8000 Company LG 1 Customer Name Miami Gardens Police Invoice No Customer PO Number NET30 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com Maintenance Start: 01/May/2017, End: 30/Apr/2018 15 122.00 27.55 3,361.10 OSSI Accident Wizard Workstation License Client Maintenance Start: 01/May/2017, End: 30/Apr/2018 16 1.00 2,296.05 2,296.05 OSSI Crime Analysis Module - Client License Maintenance Start: 01/May/2017, End: 30/Apr/2018 17 1.00 1,377.63 1,377.63 OSSI - Crime Analysis Plus Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 18 1.00 2,755.24 2,755.24 OSSI Professional Standards (Internal Affairs) Module Client Maintenance Start: 01/May/2017, End: 30/Apr/2018 19 1.00 1,377.63 1,377.63 Gang Profile Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 20 1.00 2,755.24 2,755.24 OSSI Sex Offender Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 21 1.00 4,132.86 4,132.86 OSSI Integrated CAD Messaging Software Switch Maintenance Start: 01/May/2017, End: 30/Apr/2018 22 1.00 8,679.03 8,679.03 OSSI Base Mobile Server Software Client Maintenance Start: 01/May/2017, End: 30/Apr/2018 23 1.00 6,428.91 6,428.91 OSSI Review Module for Field Reporting Maintenance Start: 01/May/2017, End: 30/Apr/2018 24 5.00 61.99 309.95 OSSI Client License for Message Switch Maintenance Start: 01/May/2017, End: 30/Apr/2018 25 122.00 182.76 22,296.72 OSSI MCT Client for Digital Dispatch Maintenance Start: 01/May/2017, End: 30/Apr/2018 26 122.00 36.74 4,482.28 OSSI Mobile Client Maps Maintenance Start: 01/May/2017, End: 30/Apr/2018 27 122.00 182.76 22,296.72 OSSI License of Incident/Offense Field Reporting Module Client Maintenance Start: 01/May/2017, End: 30/Apr/2018 28 122.00 91.85 11,205.70 OSSI - MFR Client - Accident Reporting Page Total 93,755.06 103 of 106 Document NoDate Page 13543330/Mar/2017 3 of 5 Ship To:Bill To: Customer Grp/No.Currency Terms Due Date 5775LG 29/Apr/2017USD SKU Code/Description/Comment Units Rate Extended Miami Gardens Police 18611 NW 27th Avenue MIAMI GARDENS, FL 33056 United States Attn: Tristan Lattibeaudiere 305-622-8000 Miami Gardens Police 18611 NW 27th Avenue MIAMI GARDENS, FL 33056 United States Attn: Tristan Lattibeaudiere 305-622-8000 Company LG 1 Customer Name Miami Gardens Police Invoice No Customer PO Number NET30 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com Maintenance Start: 01/May/2017, End: 30/Apr/2018 29 122.00 55.11 6,723.42 OSSI Mobile Arrest Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 30 122.00 91.85 11,205.70 OSSI Mobile Citation Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 31 10.00 91.85 918.50 OSSI - MFR Client - MOBLAN Version Maintenance Start: 01/May/2017, End: 30/Apr/2018 Contract No.080388 32 1.00 2,296.05 2,296.05 OSSI Police to Citizen Maintenance Start: 01/May/2017, End: 30/Apr/2018 Contract No.080763 33 1.00 1,363.84 1,363.84 OSSI Base Mobile Server Software Upgrade Maintenance Start: 01/May/2017, End: 30/Apr/2018 34 1.00 1,001.07 1,001.07 OSSI Review Module for Field Reporting Maintenance Start: 01/May/2017, End: 30/Apr/2018 35 38.00 182.76 6,944.88 OSSI MCT Client for Digital Dispatch Maintenance Start: 01/May/2017, End: 30/Apr/2018 36 38.00 36.74 1,396.12 OSSI Mobile Client Maps Maintenance Start: 01/May/2017, End: 30/Apr/2018 37 38.00 182.76 6,944.88 ONESolution MFR Client Maintenance Start: 01/May/2017, End: 30/Apr/2018 38 38.00 55.11 2,094.18 OSSI Mobile Arrest Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 39 38.00 91.85 3,490.30 OSSI - MFR Client Citation Maintenance Start: 01/May/2017, End: 30/Apr/2018 40 38.00 91.85 3,490.30 OSSI - MFR Client - Accident Reporting Maintenance Start: 01/May/2017, End: 30/Apr/2018 41 38.00 27.55 1,046.90 OSSI Accident Wizard Workstation License Client Maintenance Start: 01/May/2017, End: 30/Apr/2018 Page Total 48,916.14 104 of 106 Document NoDate Page 13543330/Mar/2017 4 of 5 Ship To:Bill To: Customer Grp/No.Currency Terms Due Date 5775LG 29/Apr/2017USD SKU Code/Description/Comment Units Rate Extended Miami Gardens Police 18611 NW 27th Avenue MIAMI GARDENS, FL 33056 United States Attn: Tristan Lattibeaudiere 305-622-8000 Miami Gardens Police 18611 NW 27th Avenue MIAMI GARDENS, FL 33056 United States Attn: Tristan Lattibeaudiere 305-622-8000 Company LG 1 Customer Name Miami Gardens Police Invoice No Customer PO Number NET30 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com 42 70.00 91.85 6,429.50 OSSI - MFR Client - MOBLAN Version Maintenance Start: 01/May/2017, End: 30/Apr/2018 Contract No.091152 43 1.00 1,010.27 1,010.27 OSSI RMS Canine Tracking Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 44 6.00 55.11 330.66 OSSI Canine Module in MFR Maintenance Start: 01/May/2017, End: 30/Apr/2018 Contract No.110472 45 1.00 413.30 413.30 OSSI - CAD Interface to CryWolf Lite Maintenance Start: 01/May/2017, End: 30/Apr/2018 Contract No.110615 46 3.00 91.85 275.55 OSSI MCT Client PDA Maintenance Start: 01/May/2017, End: 30/Apr/2018 47 3.00 91.85 275.55 OSSI Handheld Citation Module Maintenance Start: 01/May/2017, End: 30/Apr/2018 Contract No.141462 49 1.00 0.00 0.00 ONESolution Florida Accident Repository Interface Maintenance Start: 01/May/2017, End: 30/Apr/2018 Contract No.2012-4589 48 1.00 1,854.00 1,854.00 OSSI RMS Mod - Miami-Dade Arrest Form Import (THINKSTREAM) Maintenance Start: 01/May/2017, End: 30/Apr/2018 Page Total 10,588.83 105 of 106 Document NoDate Page 13543330/Mar/2017 5 of 5 Ship To:Bill To: Customer Grp/No.Currency Terms Due Date 5775LG 29/Apr/2017USD SKU Code/Description/Comment Units Rate Extended Miami Gardens Police 18611 NW 27th Avenue MIAMI GARDENS, FL 33056 United States Attn: Tristan Lattibeaudiere 305-622-8000 Miami Gardens Police 18611 NW 27th Avenue MIAMI GARDENS, FL 33056 United States Attn: Tristan Lattibeaudiere 305-622-8000 Company LG 1 Customer Name Miami Gardens Police Invoice No Customer PO Number NET30 1000 Business Center Drive Lake Mary, FL 32746 800-727-8088 www.sungardps.com 200,921.44 0.00 Subtotal Invoice Total 200,921.44 0.00 200,921.44 Payment Received Sales Tax Balance Due Remittance: SunGard Public Sector Bank of America 12709 Collection Center Drive Chicago, IL 60693 Inquiries: Accounts.ReceivableLG@SunGardPS.com 106 of 106